Retrospective Review Comment Project

As a part of its ongoing Retrospective Review Comment Project, the Regulatory Studies Center examines significant proposed regulations to assess whether they include plans for retrospective review, pursuant to federal guidelines. Following this analysis, we submit comments to provide suggestions on how best to incorporate plans for retrospective review into agency proposals and fulfil the goals of Executive Orders 12866, 13563, and 13610. To facilitate meaningful retrospective review after the promulgation of a final rule, multiple government guidelines instruct agencies to incorporate retrospective review plans into their proposals during the rulemaking process. This ex-post review makes it possible for members of the public—and for the agencies that regulate them—to measure both whether a particular rule has had its intended effect, and whether the agencies' ex ante analysis was approximately correct. 

Retrospective Review

OECD WP

Retrospective Evaluation of Chemical Regulations

March 20, 2017

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.

ALR cover

Regulatory Accretion: Causes and Possible Remedies

March 04, 2016

By Sofie E. Miller & Susan E. Dudley
In this response in the ALR Accord to Reeve Bull’s article, "Building a Framework for Governance: Retrospective Review and Rulemaking Petitions," Miller and Dudley address the inadequacy of the current retrospective review regime, examine the key causes of this failure, and address Bull’s proposal to encourage private parties to initiate review via rulemaking petitions. Miller and Dudley conclude that, while public participation is beneficial in retrospective review, agencies themselves could better this process by writing plans for review at the outset and improving regulatory outcomes.

Agency use of retrospective review of regulations

Learning from Experience: Retrospective Review of Regulations in 2014

November 03, 2015

By Sofie E. Miller
Through a series of Executive Orders, President Obama has encouraged federal regulatory agencies to review existing regulations and to “modify, streamline, expand, or repeal them in accordance with what has been learned.” Learning from experience is an important part of a healthy regulatory process, so multiple government guidelines instruct agencies to incorporate retrospective review plans into their proposals during the rulemaking process. Our latest research finds that, despite these guidelines, agencies are not planning prospectively for ex post analysis of their rules.

department of energy

Looking Back to Move Ahead

October 08, 2014

By Sofie E. Miller
Retrospective review is meant to ensure that regulations achieve their intended outcomes and to improve agencies' use of ex ante analysis by comparing projected outcomes with actual results. To that end, the Department of Energy sought public input on how to best promote periodic retrospective reviews of its rules and how to select the rules to review. This article recommends that DOE should take three steps to further its retrospective review efforts. First, it should incorporate plans for retrospective review into its economically significant or major rules. Second, it should allow enough time between releases of new energy efficiency standards to allow for an effective review of each rule’s effects before issuing updated rules. Third, it should use the Herfindahl-Hirschman Index (HHI) to measure whether its existing energy efficiency standards have had negative effects on competition in the regulated industries.

manufacturing

EPA’s Retrospective Review of Regulations: Will It Reduce Manufacturing Burdens?

October 30, 2013

By Sofie E. Miller
Through a series of Executive Orders, President Obama has encouraged federal regulatory agencies to review existing regulations “that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.” This paper examines the initial results of that review to understand whether actions pursued under this initiative are likely to be successful at reducing regulatory burden. Since reports suggest that the manufacturing sector bears greater regulatory burdens than other sectors,1 and that regulations issued by the Environmental Protection Agency (EPA) impose particularly high costs on this sector, the focus here is on the expected effects on the manufacturing sector of EPA’s identified reforms.

manufacturing

EPA’s Retrospective Review of Regulations: Will it Reduce Manufacturing Burdens?

May 17, 2013

By Sofie E. Miller
Through a series of Executive Orders, President Obama has encouraged federal regulatory agencies to review existing regulations “that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.” This paper examines the initial results of that review to understand whether actions pursued under this initiative are likely to be successful at reducing regulatory burden. Since reports suggest that the manufacturing sector bears greater regulatory burdens than other sectors, and that regulations issued by the Environmental Protection Agency (EPA) impose particularly high costs on this sector, the focus here is on the expected effects on the manufacturing sector of EPA’s identified reforms.