Author's details

Name: Jim Tozzi
Date registered: December 21, 2011

Latest posts

  1. Hundreds of Recent Final Rules Are Technically Unlawful — September 16, 2014
  2. GAO: “Federal agencies and OIRA could do more to improve the transparency of the rulemaking process.” — September 15, 2014
  3. Stealth Regulation — Agency Circumvention of OIRA and the APA? — September 8, 2014
  4. UK Regulatory Policy Committee opinions: Departmental performance January to June 2014 — August 29, 2014
  5. Discussion: Alternative Regulatory Actions for Climate Change — August 28, 2014

Most commented posts

  1. Cyber Legislation Will Cost Businesses and Hurt Economy — 1 comment

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Hundreds of Recent Final Rules Are Technically Unlawful

From: RegBlog/University of Pennsylvania Program on Regulation

Congress enacted the Congressional Review Act (CRA) in 1996 to reestablish a measure of legislative control over agency rulemaking. The law generally requires federal agencies to send almost all of their final rules to both houses of Congress and the U.S. Government Accountability Office (GAO) before those rules can take effect. As soon as a rule is “received by Congress,” any Member of Congress may introduce a CRA resolution of disapproval that, if signed into law, prevents the rule from taking effect or continuing in effect.


GAO: “Federal agencies and OIRA could do more to improve the transparency of the rulemaking process.”

Editor’s Note: The following is an excerpt from the Conclusion section of “GAO-14-714, Federal Rulemaking: Agencies Included Key Elements of Cost-Benefit Analysis, but Explanations of Regulations’ Significance Could Be More Transparent.” In the section of the report discussing agency comments on the evaluation, GAO noted that OMB was “not opposed to the language in our recommendation directing agencies to include the relevant portion of Executive Order 12866’s definition of significant regulatory action in the preamble to rules.”

From: US General Accountability Office


Stealth Regulation — Agency Circumvention of OIRA and the APA?

From: The Federalist Society

Administrative Law & Regulation Practice Group Teleforum

Start : Tuesday, September 09, 2014 01:00 PM
End : Tuesday, September 09, 2014 02:00 PM


Add To Your Calendar


Federalist Society Teleforum Conference Call

Featured Speakers:
Todd J. Zywicki
John D. Graham


UK Regulatory Policy Committee opinions: Departmental performance January to June 2014

Editor’s Note: The material below, from the UK’s Regulatory Policy Committee, explains the duty of regulatory agencies to perform cost-benefit and risk analyses  of regulatory proprosals. The material also provides the RPC’s most recent metrics-based report on agency performance. 

From: Regulatory Policy Committee

Data on the quality of departmental impact assessments submitted to the Regulatory Policy Comittee


Regulatory proposals are accompanied by an impact assessment (IA), which assesses and estimates the likely costs and benefits, as well as presenting the associated risks, of a regulatory proposal that has an impact on business, civil society organisations, the public sector or individuals.


Discussion: Alternative Regulatory Actions for Climate Change

Editor’s Note: An OIRA Watch reader sent us the following essay discussing the Administration’s climate accord plans. We think the essay is worthy of publication and its policy proposal is worthy of public discussion. OIRA Watch invites our readers of all perspectives to substantively discuss the climate change essay on our CCS DQA Interactive Public Docket.

Alternative Regulatory Actions for Climate Change

The Obama Administration is invoking its executive authorities to the fullest. More specifically they are negotiating a non-legally binding agreement among nations to establish greenhouse gas emission levels by country.


The Legacy of the Council on Wage and Price Stability

From: Mercatus Center/George Mason University

Thomas D. Hopkins, Benjamin Miller, Laura Stanley

Regulation in the United States became far more complex over the past several decades as new regulatory agencies with ambitious agendas were created. In response, Congress and recent presidents have implemented new regulatory oversight measures, with varying success. Regulatory agencies are often required to produce benefit-cost analyses for proposed changes to the regulatory landscape, but the quality of these analyses is usually disappointing. Even when the analyses are accurate, agencies sometimes forget the “first principle” of regulation: it ought to identify and correct a failure in the market being regulated. In the absence of a market failure, there is no need to regulate.


Obama hits the gas on regs

From: The Hill

By Tim Devaney

Groups that closely follow regulations are expecting the Obama administration to continue issuing controversial rules through the midterm elections, despite the political risk it could pose for Democrats.

With time running out on President Obama’s second term, federal agencies are hitting the gas on a number of regulatory initiatives that are central to the White House’s “go-it-alone” agenda.

The pace of rulemaking is a stark contrast from the months leading up to the 2012 presidential election, when the flow of rules came screeching to a near halt.

Read Complete Article


The OIRA Model for Institutionalizing CBA of Financial Regulation

From: Social Science Research Network

Ryan Bubb, New York University School of Law/NYU Law and Economics Research Paper No. 14-21


National Academy of Sciences on OMB Cost-Benefit Analayis (1990)

Editor’s Note: Since criticism of OMB’s regulatory review duties continues to be in fashion among even the most distinguished administrative law scholars, it is worth reviewing reviewing the 1990 report by the National Research Council on OMB’s cost-benefit analysis.

From: The Politics Of Benefit-Cost Analysis (Chapter 3: Valuing Health Risks, Costs, and Benefits for Environmental Decision Making: Report of a Conference)

R. Shep Melnick


Regulatory measurement can lead to actionable knowledge

From: The Hill

By Patrick A. McLaughlin, contributor

Scientific progress requires measurement, especially when working with a complex system such as the economy or the human body. For example, our understanding of the relationship between cholesterol and human health continues to evolve, but it has only gotten to the point where we debate the merits of “good” cholesterol and “bad” cholesterol via a century of investigation and the development of measurement techniques. Similarly, although in a very different field, professional sports teams increasingly develop new, quantitative metrics of player performance in order to optimize team performance — as described by the book and movie “Moneyball.”

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