The Resurrection of the Congressional Review Act

Heretofore the Congressional Review Act (CRA) was a sleepy statute that was awakened periodically with the departure of an incumbent Administration to invalidate midnight regulations. Recent actions taken by two federal agencies acting independently of each other have converted the CRA into a 24/7 oversight mechanism.

First, the Office of Information and Regulatory Affairs in the White House Office of Management and has issued a directive to federal agencies requiring that all guidance documents be submitted to OMB before they are promulgated.

The Long Shadow of Grass Root Advocacy

Sometimes the smell of  burning of shoe letter, assisted by the use of social media, is more potent than peer reviewed science, principled economics and established law, see this post,

Two of the Most Contentious Regulatory Initiatives in Recent History

Apart from the establishment of centralized regulatory review in OMB, a regulatory initiative with a near twenty year incubation period followed by several nationwide initiatives resulting in the unfettered and widespread use of medical marijuana and related substances, there are two regulatory initiatives which rank among of the most contentious in recent history.

The first regulatory initiative includes rulemakings associated with addressing climate change.  A key obstacle to addressing climate change is the compliance cost associated with the resultant program. In particular it is very difficult to convince one nation to employ a climate change program if other nations who are often its international competitors do not make a similar commitment.  Just recently the Center for Regulatory Effectiveness has expressed its views on this matter, see this editorial in Inside EPA.