Susan E. Dudley

Susan E. Dudley

Title:
Director, Regulatory Studies Center; Distinguished Professor of Practice
Phone: 202-994-7543
Email:
[email protected]
Susan Dudley is Director of the George Washington University Regulatory Studies Center, which she established in 2009 to raise awareness of regulations’ effects and improve regulatory policy through research, education, and outreach. She is also a distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration. She is past-president of the Society for Benefit Cost Analysis, a senior fellow of the Administrative Conference of the United States, a National Academy of Public Administration Fellow, on the boards of the National Federation of Independent Businesses Legal Center and Economists Inc., and on the executive committee of the Federalist Society Administrative Law Group. Her book, Regulation: A Primer, with Jerry Brito, is available on Amazon.com.
 
From April 2007 through January 2009, Professor Dudley served as the Presidentially-appointed Administrator of the Office of Information and Regulatory Affairs in the U.S. Office of Management and Budget and was responsible for the review of draft executive branch regulations under Executive Order 12866, the collection of federal-government-wide information under the Paperwork Reduction Act, the development and implementation of government-wide policies in the areas of information policy, privacy, and statistical policy, and international regulatory cooperation efforts.
 
Prior to OIRA, she directed the Regulatory Studies Program at the Mercatus Center at George Mason University, and taught courses on regulation at the George Mason University School of Law. Earlier in her career, Professor Dudley served as an economist at OIRA, as well as the Environmental Protection Agency and the Commodity Futures Trading Commission. She was also a consultant to government and private clients at Economists Incorporated. She holds a Master of Science degree from the Sloan School of Management at MIT and a Bachelor of Science degree (summa cum laude) in Resource Economics from the University of Massachusetts, Amherst.

 

Susan E. Dudley CV

Publications

Testimonies

From Beginning to End: An Examination of Agencies’ Early Public Engagement and Retrospective Review, U.S. Senate Homeland Security & Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management, May 7, 2019

Agency Use of Science in the Rulemaking Process: Proposals for Improving Transparency and Accountability, U.S. Senate Homeland Security & Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management, March 14, 2017

A Review of Regulatory Reform Proposals, U.S. Senate Homeland Security & Governmental Affairs Committee, September 17, 2015

Accounting for the True Cost of Regulation: Exploring the Possibility of a Regulatory Budget, U.S. Senate joint hearing with the Committee on the Budget and the Homeland Security & Governmental Affairs Committee, June 23, 2015

Examining Practical Solutions to Improve the Federal Regulatory Process, U.S. Senate Subcommittee on Regulatory Affairs and Federal Management Roundtable Discussion, June 3, 2015

Public Interest Comments

Increasing Consistency and Transparency in EPA's Benefit Cost Analysis, July 17, 2019
EPA’s Proposed Rule Strengthening Transparency in Regulatory Science, May 18, 2018
OMB's 2017 Draft Report to Congress on the Benefits and Costs of Federal Regulations, April 9, 2018
OMB's Interim Guidance Implementing Section 2 of the Executive Order Titled "Reducing Regulation and Controlling Regulatory Costs," February 13, 2017
National Economic Council on The President's Executive Order 13725: Steps to Increase Competition and Better Inform Consumers and Workers to Support Continued Growth of the American Economy, May 12, 2016
Should Federal Regulatory Agencies Report Benefits to Americans from Mandated Reductions in Greenhouse Gas Emissions?, February 9, 2016
EPA's Proposed Supplemental Finding that it is Appropriate and Necessary to Regulate Hazardous Air Pollutants from Coal- and Oil-Fired EGUs, January 11, 2016
OMB's 2015 Draft Report to Congress on the Benefits and Costs of Federal Regulations, December 15, 2015
Interagency Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis under Executive Order No. 12866, February 26, 2014

Articles & Working Papers

Nudging the Nudger: Toward a Choice Architecture for Regulators, July 16, 2019
Planning for Everything (Besides Death and Taxes), April 3, 2019
A Brief History of Regulation and Deregulation, March 12, 2019
Improving Regulatory Benefit-Cost Analysis, January 22, 2019
Bootleggers & Baptists: The Experience of Another Regulatory Economist, November 27, 2018
Improving Regulatory Science: A Case Study of the National Ambient Air Quality Standards, August 2, 2018
Regulating Within a Budget, April 23, 2018
Book Review of Andrew W. Lo's "Review of Adaptive Markets: Financial Evolution at the Speed of Thought," February 22, 2018
Transatlantic Approaches to Agriculture Policy: Transatlantic Agriculture & Regulation Working Paper Series: No. 3, October 4, 2017
Agricultural Statistics: Transatlantic Agriculture & Regulation Working Paper Series: No. 1, September 20, 2017
Consumer’s Guide to Regulatory Impact Analysis: Ten Tips for Being an Informed Policymaker, August 02, 2017
Improving Regulatory Science: A Case Study of the National Ambient Air Quality Standards, June 30, 2017
Putting a Cap on Regulation, June 30, 2017
Retrospective Evaluation of Chemical Regulations, March 20, 2017
The Next Regulatory Czar, March 14, 2017
Consumer’s Guide to Regulatory Impact Analysis, February 2, 2017
Can Fiscal Budget Concepts Improve Regulation?, June 13, 2016
Regulatory Reforms to Enhance Competition: Recommendations for Implementing Executive Order 13725, May 11, 2016
Regulatory Accretion: Causes and Possible Remedies, March 4, 2016
Regulatory Science and Policy: A Case Study of the National Ambient Air Quality Standards, September 9, 2015
The Role of Transparency in Regulatory Governance: Comparing US and EU Regulatory Systems, August 11, 2015
Can Fiscal Budget Concepts Improve Regulation?, July 16, 2015
Improving Regulatory Accountability: Lessons from the Past and Prospects for the Future (as published), July 15, 2015
Point/Counterpoint: Valuing Internalities in Regulatory Impact Analysis, May 13, 2015
Will the Occupational Safety and Health Administration's Proposed Standards for Occupational Exposure to Respirable Crystalline Silica Reduce Workplace Risk?, March 26, 2015
Achieving Regulatory Policy Objectives: An Overview and Comparison of U.S. and EU Procedures, March 10, 2015
Improving Regulatory Accountability: Lessons from the Past and Prospects for the Future, January 21, 2015
Tight Budgets Constrain Some Regulatory Agencies, But Not All, October 8, 2014
Australia's Regulatory 'Bonfire,' October 8, 2014
The Social Cost of Carbon, August 7, 2014
OSHA’s Long-Awaited Crystalline Silica Rule, April 16, 2014
Comment on Löfstedt’s ‘The substitution principle in chemical regulation: a constructive critique,’ January 2, 2014
Making the Social Cost of Carbon More Social, December 3, 2013
OMB’s Reported Benefits of Regulation: Too Good to Be True?, July 9, 2013
The EPA’s Implausible Return on its Fine Particulate Standard, April 10, 2013
Perpetuating Puffery: An Analysis of the Composition of OMB's Reported Benefits of Regulation, August 14, 2012
Regulatory Consultation in the United States, November 1, 2010

Commentaries

Policy Analysis for Uncertain Futures, March 13, 2019
The Future of E.O. 12866: Embracing Regulatory Humility, October 5, 2018
EPA Proposes Replacement for Obama’s Signature Climate Initiative, August 22, 2018
U.S. and Canada Sign Agreement on Regulatory Cooperation, June 6, 2018
Regulating Within a Budget, April 23, 2018
Reviewers and Revenooers Reach Compromise, April 16, 2018
New Implications of the Congressional Review Act, November 8, 2017
Latest Trump Executive Order Provides Guidance on “Enforcing the Regulatory Reform Agenda,” February 27, 2017
The Devil is in the Details of President Trump’s Regulatory Executive Order, February 1, 2017
A Tumultuous Inaugural Week in Washington, January 18, 2017
Regulatory Reset: How easy is it to undo regulation?, November 30, 2016
Improving Evaluation of Chemical Regulations, August 31, 2016
Evolution and Innovation, June 14, 2016
President Obama’s Competition Executive Order Could Benefit from a History Lesson, April 19, 2016
OSHA’s Shortsighted Solution to Crystalline Silica Exposure, March 30, 2016
Regulatory Reboot: Options for Revisiting Midnight Regulations, February 23, 2016
Countdown To Midnight On The President's Regulatory Priorities, January 26, 2016
The Ozone Charade, October 28, 2015
EPA’s Ozone Rule and the Scientization of Policy, October 7, 2015
With Data, Will Regulators Show Humility or Hubris? September 22, 2015
Considering the Cumulative Effects of Regulation, August 10, 2015
Supreme Court's EPA Mercury Ruling is a Victory for Common Sense Regulation,  June 30, 2015

Popular Media

Forbes OpinionNot All Regulations Are Created Equal, by Susan E. Dudley, July 1, 2019
Forbes OpinionCompetition Can Be Good For Regulators Too, by Susan E. Dudley, June 11, 2019
Los Vegas Review-JournalBills would ensure more accountability regarding federal regulations, quoting Susan E. Dudley, May 16, 2019
Forbes OpinionOut Of The Spotlight, Rare Bipartisan Reform, by Susan E. Dudley, May 15, 2019
Arizona RepublicSen. Kyrsten Sinema wants to cut bureaucratic red tape, tackles regulatory reform, quoting Susan E. Dudley, May 7, 2019
Forbes OpinionClosing The Tax Man's Loophole, by Susan E. Dudley, Apri 11, 2019
Forbes OpinionAppliance Standards Are Expensive, And Regressive Too, by Susan E. Dudley, March 7, 2019
Government ExecutiveThe Many Ways to Gauge Results of Trump’s Deregulatory Push, cites Susan E. Dudley, February 28, 2019
Forbes OpinionTick Tock, Trump's Regulatory Clock, by Susan E. Dudley, February 5, 2019
Triangle Business JournalWhat does $33 billion in regulatory cost savings really mean?, cites Susan E. Dudley, February 1, 2019
EnergywireTrump's deregulatory agenda in court, quotes Susan E. Dudley, January 23, 2019
BloombergEPA Model for Measuring Rule Benefits May Inspire Other Agencies, quotes Susan E. Dudley, January 22, 2019
Bloomberg, Rulemaking Goes Dark During Shutdown Over Spending Standoff, quotes Susan E. Dudley, January 2, 2019
2018
Financial Times, Introduction of Business Rules Slows Sharply Under Trump, quotes Susan Dudley, December 26, 2018
Forbes OpinionRegulatory Year In Review, by Susan E. Dudley, December 13, 2018
Forbes OpinionRegulatory Outlook For A Divided Government, by Susan E. Dudley, November 14, 2018
GreenwireFormer OIRA chiefs dish on Trump rule-busting agenda, quotes Susan E. Dudley, November 2, 2018
Forbes Opinion, Report Card On Trump's Deregulatory Activity, by Susan E. Dudley, October 17, 2018
Forbes OpinionHappy Birthday, Executive Order 12866!, by Susan E. Dudley, September 24, 2018
PoliticoTax pros cheer W-4 hold, quotes Susan E. Dudley, September 21, 2018
Law 360OIRA Tax-Rule Reviews Separated From Politics, Panelist Says, quotes Susan E. Dudley, September 20, 2018
SBCA's On BalanceReflecting on the Longevity of Executive Order 12866 and Looking to the Future, by Clark Nardinelli & Susan E. Dudley, August 28, 2018
Government ExecutiveEPA’s Bid for ‘Consistent and Transparent’ Rulemaking Draws Fire, quotes Susan E. Dudley, August 14, 2018
Forbes OpinionDocumenting Deregulation, by Susan E. Dudley, August 14, 2018
Wall Street Journal Opinion, Commissions Are Mulvaney’s Error of Omission, by Susan E. Dudley & Sally Katzen, August 5, 2018
Washington Post Fact CheckerHas the Trump administration repealed 22 regulations for each new one?, quotes Susan E. Dudley, August 3, 2018
Forbes OpinionPruitt's Legacy At EPA, by Susan E. Dudley, July 9, 2018
BloombergTrump Officials Call for Ideas to Improve Miners’ Safety, quotes Susan E. Dudley, June 25, 2018
The Regulatory ReviewIncreasing EPA’s Scientific Transparency, by Susan E. Dudley, June 18, 2018
Forbes OpinionThere's The Beef But Where's The Cow?, by Susan E. Dudley, June 12, 2018
The HillUS-Canada regulatory cooperation continues despite Trump’s G-7 outburst, by Daniel R. Perez & Susan E. Dudley, June 11, 2018
Forbes Opinion, Critics and supporters of EPA's Transparent Science Proposal: File comments on it, but read it first, by Susan E. Dudley, May 21, 2018
The Hill Opinion, Despite call for big cuts, Trump's budget maintains regulatory spending, by Susan E. Dudley & Melinda Warren, May 15, 2018
Federalist Society, The executive branch and the regulatory state, video featuring Susan E. Dudley, May 14, 2018
Forbes Opinion, Trump's Regulatory Czar Signals Readiness To Rein In Independent Agencies, by Susan E. Dudley, April 24, 2018
The Regulatory Review, Regulating Within a Budget, by Susan E. Dudley, April 23, 2018
NPR, Senate Votes To Roll Back Rules Aimed At Fair Auto Lending for Minorities, quoting Susan E. Dudley, April 18, 2018
Government Executive, The Trump Administration's War on Regulations, quoting Susan E. Dudley, April 17, 2018
Politico, Mulvaney prevails in turf battle over tax regs, quoting Susan E. Dudley, April 12, 2018
The Hill Opinion, IRS rulemaking should follow HHS model, by Susan E. Dudley, April 11, 2018
Bloomberg Law, Mulvaney, Acosta Override Regulatory Office to Hide Tips Rule Data, quoting Susan E. Dudley, March 21, 2018
Forbes, Reading Past The Headline In OMB's Report To Congress, by Susan E. Dudley
New York Times, Trump Says 'No President Has Ever Cut So Many Regulations.' Not Quite. quoting Susan E. Dudley
The Hill Opinion, The steps to making Trump's bump stock regulation a reality, by Susan E. Dudley & Sofie E. Miller
Wall Street Journal Opinion, The Story Behind the IRS's Exemption From Oversight, by Susan E. Dudley & Sally Katzen
Wall Street Journal, Tax Regulations at Center of GOP Dispute, quoting Susan E. Dudley
Scientific American, Has Trump Killed More Regulations Than Any Other President?, quoting Susan E. Dudley
Forbes Opinion, FCC Votes to Elevate Economic Analysis, by Susan E. Dudley
Politico, Trump's war on regulations is real. But is it working?, quoting Susan E. Dudley
Forbes Opinion, Downsizing Regulation, by Susan E. Dudley
2017
Forbes Opinion, One-Hundred-And-One Lawyers To Recommend Changes To Regulatory Practice, by Susan E. Dudley
Marketplace, Is it worth commenting on a federal rule?, interview with Susan Dudley
Forbes Opinion, AG Sessions Halts Improper Use Of Guidance, by Susan E. Dudley
Marketplace, Another spin of the revolving door between industry and Washington, interview with Susan E. Dudley
Forbes Opinion, We Haven't Seen The Last Of The CRA Yet, by Susan E. Dudley
The Hill Opinion, EPA's new science advisor will bolster objectivity and transparency, by Susan E. Dudley
The Hill, GOP in uncharted territory rolling back rules through resolutions, quotes Susan Dudley
Forbes Opinion, "Drain The Swamp?" Trump Opts For Politics As Usual When It Comes To Ethanol, by Sofie E. Miller & Susan E. Dudley
The Hill Opinion, Congress created a regulatory scheme that keeps its hands clean - time for accountability, by Susan E. Dudley & David Schoenbrod
NBC THINK, Trump Wants to Deconstruct the Administrative State. Can He?, by Susan E. Dudley
Washington Post, Trump administration cancels hundreds of Obama-era regulations, quotes Susan Dudley
The Hill, Regulatory experts push Senate leaders for regulatory reform, mentions Susan Dudley
The Simon Conway Show, Interview with Susan Dudley (AUDIO)
Bloomberg BNA, Trump's Fiscal 2018 Budget Boosts Spending for Regulators: Report, cites Susan Dudley
Forbes Opinion, While President Trump Calls For Regulatory Cuts, The Cost Of Regulating Increases, by Susan Dudley and Melinda Warren
Bloomberg BNA, Trump's Delay of Foreign Entrepreneur Rule Likely to Face Litigation, quotes Susan Dudley
Forbes Opinion, There Is Hope For Bipartisan Reforms In Congress, by Susan Dudley
New York Times: Neomi Rao, the Scholar Who Will Help Lead Trump's Regulatory Overhaul, quotes Susan Dudley
Federalist Society, Improving the Use of Science in Regulation (AUDIO), with Susan Dudley
The Hill, Voter fraud commission may have violated law, quotes Susan Dudley
The Daily Caller, New Study Claims To Expose The 'Science Charade' Behind Some EPA Regulations, cites Susan Dudley
Politico, 11 bright ideas for Washington, quotes Susan Dudley
Bloomberg BNA, Entrepreneur Work Rule in Limbo Amid New Trump Review, quotes Susan Dudley
Forbes Opinion, Senate Weighs Trump's Pick For Regulatory Czar, by Susan Dudley
Centre for Public Impact, Federal focus: regulating the regulations, quotes Susan Dudley
BizTalk Radio, Interview with Susan Dudley (AUDIO)
SBA Office of Advocacy, Advocacy Presents Timely and Actionable Research at Major Regulatory Policy Conference, mentions Susan Dudley
Roll Call, Congressional Review Act Gets a Workout, quotes Susan Dudley
Forbes Opinion, Make 'Independent' Regulatory Agencies More Accountable To The Public, by Susan Dudley
Las Vegas Review Journal, Trump's first 100 days reflect uncanny ability to defy expectations, quotes Susan Dudley
U.S. News, A Dim 100 Days, mentions Susan Dudley
Gov Actually (podcast), How Regulation Works, interview with Susan Dudley
Forbes Opinion, A New Direction For Regulation In President Trump's First 100 Days, by Susan E. Dudley
Wall Street Journal, The $2 Trillion Compliance Figure Came From the SBA, by Susan E. Dudley
Spero News, Can the Republicans really drain the swamp?, cites Susan Dudley
Wall Street Journal, A Trump Nomination Shows He's Serious About Deregulation, by Susan E. Dudley
The Hill, Trump nominates regulatory chief, quotes Susan Dudley

2016
Forbes, President Trump Takes On The Social Cost Of Carbon, by Susan Dudley
Las Vegas Review Journal, Donald Trump repeals more last-minute regulations imposed by Barack Obama, quotes Susan Dudley
USA Today, Trump signs four bills to roll back Obama-era regulations, quotes Susan Dudley
Forbes Opinion, Trump Officials Reverse A Rogue Regulator, by Susan Dudley
The Hill: President Trump's FDA nominee could mean better drugs sooner at lower cost, by Bartley Madden & Susan Dudley
Seattle Times, Public-health groups raise alarm over bill that would limit government regulations, quotes Susan Dudley
The Hill, Trump weighs key pick for regulatory rollback, quotes Susan Dudley
Forbes Opinion, CRAzy After All These Years: Extending The Reach Of The Congressional Review Act, by Susan Dudley
E&E News, Lawmakers to weigh science in rulemaking bill, cites Susan Dudley
Washington Post, The White House claim that Obama-era regulations have cost $890 billion, quotes Susan Dudley

Forbes Opinion, Speaker Ryan's Call For Regulatory Humility, by Susan E. Dudley, June 15, 2016
Forbes Opinion, Speaker Ryan's Plan Highlights Regulatory Burdens On Low-Income Households, by Susan E. Dudley & Sofie E. Miller, June 14, 2016
The HillReport: Regs spending has increased twentyfold since Eisenhower, citing Susan Dudley & the GW Regulatory Studies Center, May 17, 2016
Bloomberg BNA, The Cost of Federal Regulations? Not Backyard Barbecue Banter, citing Susan Dudley & the GW Regulatory Studies Center, May 17, 2016
Forbes Opinion, From Eisenhower To Obama, This Is How Much Regulatory Spending Has Changed, by Susan Dudley & Melinda Warren, May 17, 2016
Forbes Opinion, Competitive Markets Need A Neutral Referee, Not A Cheerleader, by Susan E. Dudley & Sofie E. Miller, May 16, 2016
Bloomberg BNA, EPA Final Chemical Rules Confront OMB Deadline, citing Susan Dudley, May 4, 2016
Forbes Opinion, Transatlantic Regulatory Trade Needs Both Cooperation And Competition, by Susan E. Dudley, April 26, 2016
Forbes Opinion, Is the Consumer Financial Protection Bureau Unconstitutional? by Susan Dudley, April 15, 2016
Forbes Opinion, Senators Show Bipartisan Support For Evidence-Based Regulation, by Susan Dudley, March 24, 2016

Recent Articles

JBCA cover

Consumer’s Guide to Regulatory Impact Analysis: Ten Tips for Being an Informed Policymaker

August 02, 2017

By S. Dudley, R. Belzer, G. Blomquist, T. Brennan, C. Carrigan, J. Cordes, L. Cox, A. Fraas, J. Graham, G. Gray, J. Hammitt, K. Krutilla, P. Linquiti, R. Lutter, B. Mannix, S. Shapiro, A. Smith, W. .Viscusi & R. Zerbe in the Journal of Benefit-Cost Analysis
Regulatory impact analyses (RIAs) weigh the benefits of regulations against the burdens they impose and are invaluable tools for informing decision makers. We offer 10 tips for nonspecialist policymakers and interested stakeholders who will be reading RIAs as consumers.

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.

Eisenhower Building

Public Comment on OMB's Interim Guidance Implementing Section 2 of the Executive Order Titled "Reducing Regulation and Controlling Regulatory Costs"

February 13, 2017

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.

White House

Public Comment to the National Economic Council on The President's Executive Order 13725: Steps to Increase Competition and Better Inform Consumers and Workers to Support Continued Growth of the American Economy

May 12, 2016

By Sofie E. Miller, Daniel R. Pérez, Susan E. Dudley & Brian Mannix
This public comment suggests several areas of regulatory policy where federal regulations have hindered, rather than helped, competition, and recommends that agencies take this opportunity to reduce these regulatory barriers to competition.

US-EU Regulatory Cooperation: Lessons and Opportunities

April 26, 2016

By D. Pérez, S. Dudley, N. Eisner, R. Lutter, D. Zorn and N. Nord
The George Washington University Regulatory Studies Center prepared this report as part of a grant from the European Union to analyze regulatory cooperation between the EU and U.S. The report includes three case studies examining how cooperation has worked in practice between U.S. regulatory agencies and their EU counterparts and an analysis of U.S. regulations likely to have significant effects on international trade and investment. These analyses identify opportunities to reduce incompatible approaches while indicating areas where differences could persist due to issues of national sovereignty and structural differences between countries.

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.

Globe

Should Federal Regulatory Agencies Report Benefits to Americans from Mandated Reductions in Greenhouse Gas Emissions?

February 09, 2016

By Art Fraas, Randall Lutter, Susan E. Dudley, Ted Gayer, John Graham, Jason F. Shogren, W. Kip Viscusi
In a letter to the National Academy of Sciences on its project, "Assessing Approaches to Updating the Social Cost of Carbon," a group of prominent regulatory economists argues that federal regulatory analysis should compare domestic regulatory benefits to domestic costs. The current government approach of reporting only the global benefits of reducing carbon emissions neglects that duty. The letter recommends that the panel adopt a dual approach that refocuses regulatory impact analysis of climate regulations on domestic benefits, while providing for separate reporting of estimated global benefits.

Supreme Court

Public Comment on EPA's Proposed Supplemental Finding that it is Appropriate and Necessary to Regulate Hazardous Air Pollutants from Coal- and Oil-Fired EGUs

January 11, 2016

By Susan E. Dudley
EPA fails to show that its MATS is appropriate and necessary to address risks to public health and the environment from hazardous air pollutants. Its preferred approach has methodological problems and does not address the Supreme Court’s direction to balance the harm of the regulation against the good. Its benefit-cost analysis is dominated by co-benefits that are not subject to the statutory authority on which it relies, and that could be addressed more cost-effectively elsewhere. EPA also ignores the fact that the $9.6 billion cost will have large detrimental effects on public health.

OMB seal

Public Comment on OMB's 2015 Draft Report to Congress on the Benefits and Costs of Federal Regulations

December 15, 2015

The Office of Management and Budget’s 2015 Draft Report to Congress provides information on costs and benefits for certain final rules issued between FY 2004 and FY 2014. The Report provides the public valuable information both on estimates of the effects of major executive branch regulations, and also on OMB’s focus and priorities. This comment offers recommendations for improving regulatory impact assessments, writing rules to encourage retrospective review of regulations, and the use of “private benefits” to justify energy efficiency standards.

Dudley testimony

A Review of Regulatory Reform Proposals

September 17, 2015

By Susan E. Dudley, Director
The Senate Homeland Security & Government Affairs Committee held a hearing on Thursday September 16, at which they asked Susan Dudley to provide expert input on six regulatory reform proposals scheduled for markup. Her testimony complimented the Committee on the constructive, bipartisan reforms, which if passed, could bring about real improvements in regulatory procedures and outcomes. She offered detailed comments on each bill, of which three focus on evaluating the effects of existing regulations and modifying them as appropriate, and three focus on enhancing analytical procedures conducted before new regulations are issued.

EPA

Regulatory Science and Policy: A Case Study of the National Ambient Air Quality Standards

September 09, 2015

By Susan E. Dudley
Effective environmental policy depends on reliable scientific information and transparent policy choices; it is challenged not only when science is politicized, but also when policy is “scientized.” This paper suggests that current practices scientize policy and threaten not only regulatory outcomes, but the credibility of the scientific process. Using a case study of the procedures by which the Environmental Protection Agency sets National Ambient Air Quality Standards under the Clean Air Act, it illustrates some of the perverse incentives involved in developing regulations, and offers possible mechanisms to improve those incentives and resulting policy.

US and EU flags

The Role of Transparency in Regulatory Governance: Comparing US and EU Regulatory Systems

August 11, 2015

By Susan E. Dudley & Kai Wegrich
This review of regulatory procedures in the EU and US suggests that each values good regulatory practices, such as transparency, public consultation, and regulatory impact analysis, but emphasizes them to different degrees at different stages in the regulatory process. Particularly for regulations that address human health risks, both jurisdictions should be more transparent regarding the uncertainties surrounding estimates of regulatory outcomes and the effect of key assumptions on those estimates. A transparent process for evaluating regulatory effects ex post could also improve regulatory analysis and outcomes.

Pages in the federal register graph

Can Fiscal Budget Concepts Improve Regulation?

July 16, 2015

By Susan E. Dudley
Despite efforts to ensure that new regulations provide net benefits to citizens, the accumulation of regulations threatens economic growth and well-being. As a result, the U.S. legislature is exploring the possibility that applying fiscal budgeting concepts to regulation could bring more accountability and transparency to the regulatory process. This paper examines the advantages and challenges of applying regulatory budgeting practices, and draws some preliminary conclusions based on successful experiences in other countries.

Congress 1941

Improving Regulatory Accountability: Lessons from the Past and Prospects for the Future (as published)

July 15, 2015

By Susan E. Dudley
This Article examines efforts by the three branches of federal government to oversee regulatory policy and procedures. It begins with a review of efforts over the last century to establish appropriate checks and balances on regulations issued by the executive branch and then evaluates current regulatory reforms that would hold the executive branch, the legislative branch, and the judicial branch more accountable for regulations and their outcomes.

Susan Dudley testimony

Accounting for the True Cost of Regulation: Exploring the Possibility of a Regulatory Budget

June 23, 2015

By Susan E. Dudley, Director
On June 23, RSC scholars Susan Dudley and Richard Pierce and President of the Canadian Treasury Board, Tony Clement, testified during a joint hearing before the U.S. Senate Committee on the Budget and Committee on Homeland Security and Government Affairs. Dudley testified in support of a regulatory budget and cited the potential for constructive debate on the real impacts of regulations, greater transparency, more efficient allocation of resources, and ultimately the potential for more cost-effective achievement of public priorities.