Regulatory Studies Center scholars conduct applied research to understand regulatory policy and practice from a public interest perspective. Many of our publications fall into the following categories:
By Susan E. Dudley
Governments generally conduct rigorous analysis of regulations aimed at reducing chemical risk before they are issued; however, due to both methodological challenges and poor incentives, these regulations are often not evaluated with the same care once they are in place. In this paper prepared for the OECD, Dudley explores practices for more consistent and robust evaluation of regulatory outcomes and concludes that a systems approach to understanding regulatory efficacy would be valuable not only for understanding the effect of past actions, but for improving future decisions and outcomes.
By Susan E. Dudley
As President Trump prepares to announce his nominee to head the Office of Information and Regulatory Affairs (OIRA), this Regulatory Insight provides an inside look at the functions of this small but powerful office, its origins and procedures, and why, when it comes to government policy, the job of OIRA administrator is the most important job in Washington you may never have heard of.
Agency Use of Science in the Rulemaking Process: Proposals for Improving Transparency and Accountability
By Susan E. Dudley
As the Senate subcommittee on Regulatory Affairs and Federal Management considers proposals for improving transparency and accountability in agencies’ use of science in the rulemaking process, it should recognize two problems. “Hidden policy judgments” occur when scientists, intentionally or unintentionally, insert, but do not disclose, their own policy preferences in the scientific advice they provide government decision-makers. The “science charade” occurs when scientists and/or policymakers conflate scientific information and nonscientific judgments to make a policy choice, but then present that decision as being solely based on science.
Public Comment on OMB’s Interim Guidance Implementing Section 2 of the Executive Order Titled “Reducing Regulation and Controlling Regulatory Costs”
By Susan E. Dudley, Brian F. Mannix, Sofie E. Miller, & Daniel R. Pérez
In this comment on the Office of Information and Regulatory Affairs’ (OIRA) interim guidance on Executive Order 13771, GW Regulatory Studies Center scholars acknowledge that the Order represents a significant departure from past practice, however, they emphasize that the additional budgeting constraints it imposes need not supplant longstanding requirements to examine regulatory benefits as well as costs and to achieve regulatory objectives as cost-effectively as possible. The comment reinforces OIRA’s draft questions and answers, and offers some suggestions for clarification and improvement.
By Susan Dudley, Richard Belzer, Glenn Blomquist, Timothy Brennan, Christopher Carrigan, Joseph Cordes, Louis A. Cox, Arthur Fraas, John Graham, George Gray, James Hammitt, Kerry Krutilla, Peter Linquiti, Randall Lutter, Brian Mannix, Stuart Shapiro, Anne Smith, W. Kip Viscusi & Richard Zerbe
This guide is designed for policymakers and others who want to be intelligent consumers of regulatory impact analysis, help them interpret what they read and ask appropriate questions.
By Sofie E. Miller in the Federalist Society Review, Volume 18
“Midnight” regulations are those issued after the November presidential election but before Inauguration Day as the outgoing administration attempts to finalize its regulatory policy priorities with a surge of rulemaking activity. Scholars have theorized that midnight rules are problematic because they short-circuit important procedural safeguards that ensure high-quality regulatory outcomes, like rigorous analysis, internal and external review, and public input in the rulemaking process. Stepping beyond theory, recent examples—such as the Department of Energy’s energy efficiency standards for clothes washers—illustrate that midnight rules impose real burdens.
President-elect Trump has promised to “reform the entire regulatory code to ensure that we keep jobs and wealth in America.” To that end, scholars at the George Washington University Regulatory Studies Center offer a list of 10 reforms to regulatory processes that could be accomplished through executive action. While other potential reforms could be achieved through the courts or by working with congress, these reforms focus on actions that are within the purview of the executive branch.
By Marcus Peacock
President-elect Trump endorsed “a requirement that for every new federal regulation, two existing regulations need to be eliminated” or what could be called a “two-for-one” requirement. This working paper addresses how such a process might work including its scope; what to measure; additional workload; and whether it outlasts a Trump administration.
Public Comment on NHTSA’s Federal Automated Vehicles Policy: Accelerating the Next Revolution In Roadway Safety
By Sofie E. Miller, Howard Beales and Daniel R. Pérez
This comment on the National Highway Traffic Safety Administration’s (NHTSA) recent Federal Automated Vehicles Policy considers the impact of regulating driverless car technology on innovation and social welfare. NHTSA is correct to be cautious of the effects that a federal policy could have on innovation, particularly because the safety gains from highly automated vehicles (HAV) could be significant. As a result, the agency should avoid any type of premarket approval authority for HAV technology, which could potentially delay the adoption of life-saving innovations and result in thousands of traffic fatalities.
By Marcus Peacock, Sofie E. Miller and Daniel R. Pérez
Scholars at the GW Regulatory Studies Center show how the U.S. could make regulations more evidence-based in a comment to the Commission on Evidence-Based Policymaking. Evidence-based regulations plan for, collect, and use evidence to predict, evaluate and improve societal outcomes throughout the rule’s life. This comment lays out a process for producing such rules and provides over a dozen specific recommendations on how the U.S. could better adopt and implement such a system.