From: N.Y.U. Journal of Legislation & Public Policy | Volume 19, Issue 2

Richard J. Pierce, Jr.



Both the application of NEPA by agencies and OIRA review of agency actions create delays in decision making and increase the resources that agencies must devote to each major action they take. I believe that both NEPA and OIRA application of BCA are so valuable to the agency decision-making process that those adverse effects are justified by the contributions that both make to the quality of agency decisions. As I have argued at length elsewhere, I cannot say the same about the massive adverse effects of judicial review on the time and resources that agencies must devote to the process of issuing a major rule.  I continue to support the proposal that Justice (then Professor) Breyer made in 1993: we should replace counterproductive judicial review with review by a version of OIRA that is better staffed and broader in the values it brings to the review process. [Emphasis added. Notes omitted]

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