Is the Regulatory Sky about to Fall?
Claims that the Regulatory Accountability Act will paralyze agencies have a long pedigree.
Agencies Should Pay For Any Copyrighted Materials They Incorporate by Reference
Incorporated materials may be difficult to obtain, so agencies must make them available at their own expense.
The Challenges of Emergency Risk Regulation
As not all crises can be anticipated, it is important to understand emergency regulation.
“Deference” is Too Confusing – Let’s Call Them “Chevron Space” and “Skidmore Weight”
Distinct concepts clarify judicial review of U.S. agency decision making.
The Costly Effects of Regulatory Burdens
Countries should follow the North American lead in requiring cost-benefit analyses of new regulations.
White House Actions on Regulatory Reform Do Not Match Its Rhetoric
The Obama Administration has only insignificantly lightened regulatory burdens.
European Court of Justice Fails to Scrutinize Precautionary Principle
A recent judgment undermines legitimacy in risk regulation.
The Ozone Standard as Presidential Policy: Some Concerns
Obama’s short-term decision dangerously contradicts long-term legislative policy.
Why Costs Should Play No Role in Setting Ozone Standards
President Obama made a bad decision to withdraw EPA rule.
Making the Rulemaking Process Accessible to Ordinary Citizens
Administrative agencies should design their websites with rulemaking participation by the general public in mind.