“Revolutionary Turnaround” for SEC’s Rulemaking
Law professor argues that cost-benefit analysis could make securities regulation more effective.
Strong Politics, Weak Prospects
Romney’s plan is a promising political statement, but its practical suggestions fall short.
A Confluence of Concerns with the Accumulation of Regulatory Regimens
Requiring agencies to consider the cumulative costs of their regulation has its own cumulative costs.
Rule of Law Prevails in Sackett v. EPA
Don’t believe either the environmentalists or the property rights supporters.
Supreme Court Allows Legal Challenge to EPA Authority to Proceed
Unanimous court authorizes direct judicial review of EPA water pollution orders.
Judicially Enforced Notice-and-Comment Rulemaking Systematically Biases Results in Favor of Regulated Firms
The rulemaking process in the United States is slow and biased toward business.
A Backwards Idea from the FCC
The public should not be required to submit copies of material cited in rulemaking comments.
The Need for a Judicial Check on Regulatory Compliance Orders
The Supreme Court should hold in favor of judicial review in Sackett v. EPA.
Regulatory Year in Review: 2011
Health care reform, the Dodd-Frank Act, environmental protection, and open government are discussed in our top news posts from 2011.
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.
Bipartisan Bill Would Add Procedural Hurdles to Agency Rulemaking
Bill places special emphasis on rules with a high impact on the economy.