Executive Order 12866 Regulatory Review: Public Comment– Strengthening Transparency and Validity in Regulatory Science

 RIN: 2080-AAI4

 

Governing Statutes

Data Access Act

Data Quality Act

 

Comments

▪ In total the aforementioned statutes require that the underlying data in government sponsored studies must be made available to the public and that they be reproducible.

▪ Although the statues give OMB the discretion to fine tune the requirements set forth therein so as to minimize their burden as was the case with the Data Quality Act, it does not provide OMB with the discretion to render a statute inoperable as was the case with the regulations issued by OMB regarding the implementation of the Data Access Act.

A Regulatory Budget Is the Linchpin for the Creation of a National Constituency for OIRA

See Notice and Comment

 

 

Four Legal Actions Regarding Justiciability of the Data Quality Act

It is likely that NGO’s not industry plaintiffs will establish the justiciability of the Data Quality Act.  Consider the following challenges:

Immigration

Foreign Terrorist Entry (IQA-2018.04.09-Doc.-001-Complaint (002))

Census  (Complaint)

Environmental

Athough the above transactions have not gone to court it is likely that they will and when that occurs one or more of the aforementioned plaintiffs could establish judicial review of the DQA.

Notes

State of New York  v. Department of  Commerce.

RE: Foreign Terrorist Entry

The WSJ on Leadership

The swamp is rarely drained, for the simple reason that it takes rare and extraordinary governance. It requires leaders who are willing to offend institutions and top advisers.  Source.