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.

The second regulatory initiative is in its infancy and involves a program to deal with the misuse of the social media. To address the social media issue one has to reconcile two fundamental competing social priorities, the preservation of free speech with the preservation of personal privacy and dignity. This issue will be addressed in an American Bar Association sponsored teleconference on July 24.

Academics should continue to debate Chevron and practitioners should continue to dwell on filing comments on important Federal Register notices but the nation could also profit from their contribution to the two aforementioned regulatory initiatives.

The public may participate in the second regulatory initiative,  Regulation of the Social Media(?) , by posting their views in the comment section on each of the articles presented on this page.   In doing so you may wish to consult this page on the outcome of a relevant teleconference.




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