A Guide to Those Conducting Research on Executive Branch Operations in the Administrative State

The family of websites developed by the Center for Regulatory Effectiveness should be on the list of databases utilized when conducting research on Executive Branch operations in the administrative state.

Unlike many think tanks the overwhelming majority of the source content therein is not produced by CRE but instead includes must read high quality research conducted by others and so designated as a governing publication by CRE whether or not CRE is in agreement with its content. The material presented therein has been assembled over the half century which lead to  centralized regulatory review in the Executive Branch.

Benefit-Cost Analyses and the Regulatory Budget

See Notice and Comment

 

 

Is OIRA a Manifestation of the Principles Enunciated by Professor Jerry Mashaw?

Editor’s Note: In response to an earlier post which was reprinted on Notice and Comment we received a reoccurring question: Had OIRA been highlighted in the referenced book, what are the implications of doing so?

Since its establishment nearly four decades ago, the foundation for OIRA, the office located in the White House Office of Management and Budget responsible for the centralized regulatory review of regulations, has been studied primarily through the lens of judicially oriented administrative law. The concepts which underlie the positions stated in a recent book written by Professor Mashaw could bring an entirely different perspective to the origins and credibility of centralized regulatory review.

A Comment on: Administrative Law from the Inside Out—Essays on Themes in the Work of Jerry L. Mashaw

After a number of weekends the Editor has finished reading a very informative book written by a score of talented scholars and edited by Professor Parrillo of Yale University on the works of an administrative law legend, Professor Mashaw.

Selfishly we often read articles from the perspective of issues we are working on, in this instance centralized regulatory review and the Data Quality Act.

The text states:

For a generation, Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law, has argued that bureaucrats can and should self-generate the norms that give us a government of laws.

The Impact of Public Citizen on Federal Regulatory Policy

Last evening I had the good fortune of being invited and attending the annual reception of Public Citizen. During the course of the event a number of discussions centered around the Old Washington, when we accorded those who differed with our position the respect they deserved. Notwithstanding our occasional differences on federal regulatory policy I recounted the enormous impact the organization had on public policy.

Most noteworthy was the Public Citizen’s work to convince the Supreme Court to overturn the one-house veto of regulations in the Chadha Decision. The decision was of far reaching impact because during my tenure as a career federal employee the one-house veto of regulations vested  Congressional committee staff with an enormous power to influence the content of federal rulemakings. The intervention of Public Citizen brought this toxic practice to an end.

From Lawfare– Case Closed: The Justice Department Won’t Stand Behind Its Report on Immigrants and Terrorism

Editor’s Note: Case Closed, really?  It should be noted  that notwithstanding the precedent-setting accomplishments of the plaintiffs that five years hence the report will continue  to  be available in its uncorrected form on the DoJ website unless the plaintiffs file for judicial relief. [ CRE has not reviewed the report in detail and consequently is addressing this matter solely as a procedural–not a substantive– issue under the Data (Information) Quality Act; CRE’s interest is in demonstrating that a court can review the denial of a DQA petition ].

The Annual ABA Section on Administrative Law Regulatory Summit

The Editor attended one of the most impressive of all annual events ever sponsored by the ABA Section on Administrative Law: The 2018 Administrative Law Conference: November 1-2, 2018 at the Washington Convention Center, Washington, DC.

The attendance was record breaking as was the quality of the topics addressed and the attendant presentations. The agenda addressed the pace-setting issues of the day.  The discussants were well prepared and included those of differing views.  A common refrain echoed throughout the summit was that the agenda was so enticing that it was impossible for a particular attendee to attend two panels at the same time.

OIRA Should Review Executive Orders Before They Are Promulgated

Historically OIRA, the Office of Information and Regulatory Affairs housed in the White House Office of Management and Budget, has not  reviewed Executive Orders. The review process is usually reserved for the White House Counsel’s office and the Department of Justice. Both of the aforementioned institutions are staffed by extremely high caliber individuals; nonetheless they lack the day-to-day operating knowledge of OIRA with respect to the intricacies of the administrative state.

History and Understanding the Significance of Regulatory Events

Those who are ignorant of history either overstate or understate the significance of current events.

Nothing could be truer than an examination of the evolution of centralized regulatory review. In the venting of this post it was surprising to learn that many individuals believe that centralized regulatory review is an entitlement in lieu of an earned right.

 

Response to a Comment on the “50th Anniversary of Centralized Regulatory Review”

We received a number of comments on our post on  Notice and Comment.

One comment that was shared by a number of commentators was that the formulation and implementation of centralized regulatory review as reported in the press was that at times it was not-transparent and was overly forceful.