Publications

The GW Regulatory Studies Center scholars regularly conduct applied research to understand regulatory policy and practice from a public interest perspective. Our content often takes the form of public interest comments, formal testimony, working papers, policy insights, and short commentaries analyzing the most pressing issues in regulatory policy. View the rest of our material by the different types of publications listed on this page or our research areas.

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What We Publish

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Public Comments & Testimonies

Scholarly analysis of the potential effects of particular rulemakings from federal agencies, and advice to Congress on how to improve the rulemaking process.

 

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Commentaries & Insights

Short-form publications intended for all audiences which provide easy to access analysis of regulatory policy.

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Books & Reports

Formal publications, often completed with other leading organizations and individuals, providing a thorough understanding of regulations and the rulemaking process.

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Newsletters

The weekly Regulation Digest contains everything you need to know about regulatory policy today, and our monthly Center Update gives you all of the latest from our team.

 

For accessible charts and supporting data that you can use in your own publications or presentations, visit the Reg Stats page.

 


Latest Publications 

Federal Agencies are Publishing Fewer but Larger Regulations

The pace of rulemaking has declined for several decades, with the number of final and proposed rules falling from 1995 to 2020. One plausible explanation for this trend is that federal agencies are crafting bigger rules over time, in terms of both page length and economic impact.

Jerry Ellig on Dynamic Competition and Rational Regulation

The works of Jerry Ellig represent a legacy rooted in rational regulation driven by benefit-cost analysis and greater societal benefits

The Fall 2021 Unified Agenda

On Friday, the Office of Information and Regulatory Affairs released its annual Regulatory Plan and semiannual Unified Agenda of Regulatory and Deregulatory Actions. Most agencies echo the Biden administration’s desire to focus on equity concerns in rulemaking in their statements of regulatory priorities. Aside from routine rulemakings, most of the large rules published for the first time in the Fall 2021 Unified Agenda are regulatory actions related to the COVID-19 pandemic or environmental policy.

Happy Birthday, APA!

The Administrative Procedure Act (APA) of 1946 celebrated a milestone birthday this year. Its requirements—that regulations be grounded in statutory law and an administrative record that includes public notice-and-comment—have guided executive branch rulemaking without significant amendment for 75 years. It is one of the most important and enduring pieces of legislation ever enacted, yet its passage wasn’t always assured. This commentary, excerpted from my recent Daedalus essay on “Milestones in the Evolution of the Administrative State,” reviews the contentious and messy, yet constructive, process that yielded this landmark act.

National Environmental Policy Act Implementing Regulations

On October 7, 2021, the Council on Environmental Quality (CEQ) issued a notice of proposed rulemaking (NPRM) to revise its National Environmental Policy Act (NEPA) implementing regulations.

Increasing Early, Transparent Consideration of Regulatory Alternatives

In an article originally published by The Regulatory Review, Professors Carrigan and Shapiro summarize their research on studying agency consideration of alternatives during rulemakings.

ACUS Publishes Draft Recommendations to Improve the Congressional Review Act

A new project at the Administrative Conference of the United States will consider technical reforms to the Congressional Review Act. The recently-issued draft report is an excellent primer on the details of regulatory agency and congressional staff implementation of the CRA. It provides a deep dive analysis of several policy options available to Congress to improve the CRA. ACUS is going through its process to develop draft recommendations now.

Extending Pandemic Flexibilities for Opioid Use Disorder Treatment

This Essay evaluates two specific flexibilities granted during the COVID-19 pandemic that made it easier for patients to access buprenorphine and methadone. First, the Drug Enforcement Administration (DEA) allowed practitioners to prescribe buprenorphine using telemedicine without first conducting an in-person medical exam.