Administrative Law

Our Report Card project scores the use of regulatory analysis in agency rulemakings.

Systematic empirical research casts into doubt claims that rulemaking procedures have slowed down the regulatory process.

Empirical evidence suggests that expert agencies perform no better than courts.

Don’t believe either the environmentalists or the property rights supporters.

The CRA’s ban on issuing “substantially similar” rules has been misunderstood

Policy makers must consider how environmental regulation affects markets.

The public should not be required to submit copies of material cited in rulemaking comments.

The REINS Act, the ozone standard, regulatory reform, cost-benefit analysis, the Affordable Care Act, and Dodd-Frank, and more … as discussed in our top opinion posts from 2011.

Cost-benefit analysis, Europe’s E. coli outbreak, health care antitrust, environmental regulation, and more … as discussed in our top analysis posts from 2011.

Regulatory preemption of state law should be tied to the presence of a preemption clause.

AT&T calls report “obviously one-sided” and questions whether its authors were “predisposed.”

Incorporated materials may be difficult to obtain, so agencies must make them available at their own expense.