Conclusion: Symposium on the ABA AdLaw Section’s 2016 Report to the President-Elect

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Emily Bremer

Over the last several weeks, we have hosted an online symposium on the 2016 Report to the President-Elect on Improving the Administrative Process, which was released by the ABA Section on Administrative Law and Regulatory Practice in advance of the presidential election. The symposium has generated a robust, diverse discussion of many of the recommendations included in the Report.


Regulatory Review for Independent Agencies

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Neomi Rao

The gap between textbook administrative law and actual practice exists in many areas, but perhaps nowhere more so than with respect to the so-called independent agencies. In theory, such agencies operate “independent” of the control and direction of the President. In practice, the White House has myriad mechanisms to oversee and even to control these agencies. One practical area in which the separation remains is regulatory review—no President has extended direct regulatory oversight to independent agencies.

A Trump SWAT Team for Regulation

From: The Wall Street Journal


The Reagan White House met this challenge by setting up a special task force to run regulatory policy for the first months of 1981. It was led by then-Vice President George H.W. Bush, with a big assist from his general counsel Boyden Gray. Key staff included such policy legends as Jim Miller, who later ran the Federal Trade Commission (FTC) and White House budget office; Frank Blake, who would go on to run Home Depot,  Jim Tozzi, who would become the ranking career official in the White House regulatory shop; Tim Muris, who ran the FTC under George W. Bush; and Jeffrey Eisenach, now with the American Enterprise Institute.

A Syllabus on OIRA, by Jim Tozzi

From: Notice & Comments | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

In any incoming Administration there are two unique appointments which could have a significant impact on the ultimate success or failure of an Administration, the Director of OMB and the leader of one of its component offices—the Office of Information and Regulatory Affairs, OIRA. The former helps develop and enforce Presidential policies using the annual budget as its medium of expression and the latter is the President’s regulatory pilot who operates from the cockpit of the regulatory state (OIRA); both positions are confirmed by the Senate.

A Historical Note on Centralized Regulatory Review for the Trump Administration: Nixon, Carter, Reagan, and Clinton

Editor’s Note: Cross-posted from OIRA Watch.

Decisions made in each of the aforementioned Administrations were a defining moment which shaped the breadth and depth of centralized regulatory review by the White House Office  of Management and Budget, the most significant institutional feature of the regulatory state.

Academicians are basically of two schools of thought, one believing that Presidential involvement in the regulatory process should be limited to oversight of the process but not control of the process and the other believing the President should  exercise both functions.

Unraveling Obama-Era Regulations on Day One with the Congressional Review Act

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Josh Blackman

Over the past two weeks, I have been asked more times than I can count how the Trump Administration can unravel the Obama Administration’s policies. My answer usually falls into one of three categories.

Oversight of the US executive: The Congressional experience and its lessons for the EU

From: European Parliamentary Research Service | In-Depth Analysis

Author: Cornelia Klugman

This analysis presents the results of original research done on the US’s system of oversight. It is based in particular on a series of 44 interviews with policy practitioners, including members of Congress, assistants to members of both houses of Congress, as well as persons working in the Congressional support agencies, the US Administration, think-tanks and academia.


Analyzing the Effectiveness of State Regulatory Review

Editor’s Note: An online publication edition of the complete study is available here.

From: Public Finance Review July 2016 vol. 44 no. 4 446-477

  1. Russell S. Sobel1
  2. John A. Dove2
  1. 1School of Business Administration, The Citadel, Charleston, SC, USA
  2. 2Manuel H. Johnson Center for Political Economy, Troy University, Troy, AL, USA

A (Long) Path to Reforming Our Administrative State

From: Library of Law & Liberty

by Adam White

Coherence in the Executive

Brian Mannix counsels wisely that the modern executive requires not just “energy” (per Hamilton) but also “coherence”—to wit, “an administrative consistency, not just across time and place, but also across hundreds of regulatory programs busily pursuing inconsistent aims.” I could not possible agree more; indeed, that was one of the reasons why my first essay argues in favor of bulking up the Office of Information and Regulatory Affairs and subjecting “independent agencies” to OIRA review. OIRA ensures not just that an agency’s rules pass cost-benefit muster, but also that an agency’s rules are scrutinized by (and responsive to) the concerns of other agencies. If an administration is to have coherence, then OIRA will be indispensable.

Red Tape on the Upswing

From: RegBlog | Penn Program on Regulation

How much do federal regulations cost? That question has been debated for decades. The truth is that nobody knows for sure. But we do know the cost is very high—and new rules are being added to the pile at a disturbing rate. According to figures we have compiled, 43 major regulations—imposing more than $100 billion in new, annually recurring regulatory costs—were adopted during the past seven years of Barack Obama’s presidency.