EPA’s 2011 Inspector General Report on Greenhouse Gases: The Gift that Keeps Giving

CRE believes that there is no report on the use of the Data Quality Act that exceeds the analytical strength of the one prepared by EPA’s Inspector General titled: “Procedural Review of EPA’s Greenhouse Gases Endangerment Finding Data Quality Processes” in 2011.

The EPA IG report is now central to a defense for a possible forthcoming revised statement of EPA’s position on this matter.

The report is encyclopedic in terms of its detailed explanation of the DQA and is somewhat unique in that it lays out a game plan for invoking the HISA (Highly Influential Scientific Assessment) paradigm for fulfilling the peer review requirements of the Act.

Contributions: Center for Regulatory Effectiveness

Over the past half century CRE personnel have been instrumental in the construction of, or  participation in, the following landmarks within the Administrative state:


The Three Game-changing Documents of the Administrative State

                                        N. B.  One Half Century of Centralized  Regulatory Review.


Administrative Procedure Act (1946)



(Instituting the Quality of Life Review)


Executive Order 12291 (1981) Federal Regulation   (Reagan)

A Forbes List of 400 Social Entrepreneurs?

Each year Forbes Magazine publishes the Forbes 400— a list of the 400 richest people in America.  The list is inspiring because it demonstrates how hard work and ingenuity combined with the world’s greatest democracy can lead to the betterment of all Americans.  The list provides a social purpose by encouraging similar actions by other private sector entrepreneurs.

Forbes could be equally effective by publishing the names of the 400  leading social entrepreneurs in America. A social entrepreneur uses the same tools used by private sector entrepreneurs to start  a business enterprise but applies them to the delivery of goods and services to the American public by governmental and non-governmental organizations.

The Fragile State of the Term “Guidance”

Guidance, or more precisely the term regulatory guidance, is in play as a result of a number of actions that have taken place or about to take place.

Consider the following:

Administrative Conference of the United States

The path breaking report prepared by ACUS and its consideration by its governing body.

Department of Justice

The recent issuance of a directive by the Attorney General to DOJ employees on guidance.

Center for Regulatory Effectiveness

CRE issued a statement regarding the flux in the term guidance and received several important replies:

Wielding obscure federal data quality law, group challenges Trump Treasury tax cut claims

N. B.  One Half Century of Centralized  Regulatory Review.


Editor’s Note: The data quality petition by Democracy Forward is available here.

From: The Washington Post


Since its enactment in 2000, the little-known and rarely litigated lnformation Quality Act has mandated that information issued to the public or sponsored by federal agencies be “accurate, reliable and unbiased.”


An architect of the law, James J. Tozzi, a former OMB official and founder of the Center for Regulatory Effectiveness, said the appeals court in Washington — where Democracy Forward is based — in particular has left the door open for a challenge to hold the Treasury Department accountable for tax cut claims.

Two Regulatory “Dumbfounders”

The editor of this publication is often asked  to name several of the most significant surprises which he observed over the past half century working on issues dealing with the administrative state.

In the wonky world of regulations the resultant answer would hardly ring an audible chime with the general populace. Nonetheless the question is challenging and is  recast to identify  regulatory “dumbfounders”.  Answers change with the passage of time and  rebranding the question as the identification of “dumbfounders” is  appropriate because  the use of the term “dumb” implies, incorrectly, to some readers that the answer is self evident and we were also in search of a noun in lieu of a verb to designate a specific event  as a surprise.

Traditional Jazz and Administrative Law: Two Diminishing Institutions

What can be anything more American than traditional jazz? Traditional jazz, a musical form which emanated in the late 18th and early 19th centuries in New Orleans, is characterized by a musical texture of a melody, countermelody and improvisation served with a rich plate of spirituals.

Administrative law addresses some of the most pressing issues of the day, including the separation of power among our respective branches of government; an issue which is of  immense interest to our citizenry.

An Innovative Institutional Change at the Triple Border in Brazil

Editor’s Note:  The Pacesetter is initiating a series which describes regulatory innovations external to the United States.  The objective of the series is to highlight the movement throughout the world  to foster the development of smart regulation.

The Triple Border, consisting of the intersection of Brazil, Argentina and Paraguay, is the hotbed for funding terrorist organizations and has gotten off from any serious prosecution for years.

Now as a result of considerable progress in streamlining the prevailing regulations for a number of Brazilian enforcement agencies, crime in the Triple Border is finally being addressed in a forceful manner.

The Regulation of the Social Media?

The convergence of forces, the recently disclosed use of the social media platform to promote the interest of foreign entities coupled with the self righteous statements of Silicon Valley that they are merely conduits in the information age, could be leading to the creation of one of the most significant regulatory programs in recent US history– regulation of the social media.

If history repeats itself, in lieu of a balanced program which allows the social media to continue to grow as a important component of the US economy, it is likely that there will be an overreaction which could dampen its prospects in the long run. On the other hand the vast constituency of the social media could hamper any such regulatory initiatives as is the case with Uber.