Commentary Archive

Susan Dudley

OSHA's Shortsighted Solution to Crystalline Silica Exposure

March 30, 2016

3/30/16 - OSHA issued its long awaited regulation restricting workplace exposure to respirable crystalline silica (RCS) on Friday. Unfortunately, the final rule is unlikely to have the beneficial effects the agency predicts because it doesn’t tackle the core problem. The rule mandates various technologies and practices, but the greatest challenge to reducing risks is not that employers or employees are not motivated to take protective measures, but rather a lack of information, particularly information on the relative toxicity of different forms of silica.

Stuart Shapiro

The Intersection of Politics and Analysis

March 29, 2016

3/29/16 - Benefit-cost analysis, like all forms of policy analysis operates in a political environment. The politics surrounding a particular issue can go a long way to determining whether analysis can play a role in shaping policy around that issue. As we construct requirements for analysis, advocates for analytical thinking should keep in mind the interaction between analysis and politics. This may mean advocating for the simpler presentation of complex analysis and taking advantage of the synergy between analysis and outside participation.

Sydney E. Allen

Senators: Put Politics Aside in Reforming America’s Regulatory System

March 22, 2016

By Sydney E. Allen
3/22/16 - Chairman and Ranking Member of the Senate Subcommittee on Regulatory Affairs and Federal Management Senator James Lankford and Senator Heidi Heitkamp, respectively, joined the more than 300 attendees of the 8th annual SBCA conference on March 17 to discuss their bipartisan legislation aimed at updating the current federal regulatory system. Their conversation, moderated by Susan Dudley, addressed the discourse they engage in as leaders of the subcommittee and stressed the importance of making the rulemaking process more evidence based and finding common ground in an ever-divisive political atmosphere.

Brian Mannix

Are Future Lives Worth More Than Our Own?

March 14, 2016

By Brian Mannix
3/14/16 - The EPA has asked its Environmental Economics Advisory Committee for advice on how the Agency should adjust the value of statistical lives (VSL) in the future. Incomes are expected to grow, and people with higher incomes tend to place a higher value on measures to reduce their own mortality risks. Does this mean that a benefit-cost analysis should place greater weight on lives saved in the future than it does on those saved today? In comments filed with the Committee and summarized here, Mannix argues that this is more than just a question of analytical technique.

Sofie E. Miller

Pitching Retrospective Review as a Cure for Regulatory Accumulation

March 08, 2016

By Sofie E. Miller
3/8/16 - In a recent Administrative Law Review article, Reeve Bull argues that retrospective review may be the best way to address regulatory buildup. However, the path to effective ex post review of regulations has many obstacles. One of the biggest hurdles is the simple fact that rules are difficult to review—and especially so because they are not written to facilitate measurement ex post. Institutionalizing a requirement for agencies to evaluate whether a regulation’s predicted effects actually materialize would provide a powerful incentive to improve regulatory outcomes.