Jim

Author's details

Name: Jim Tozzi
Date registered: December 21, 2011

Latest posts

  1. Professor Radin on OIRA. — July 25, 2015
  2. Republicans fret ‘midnight regulations’ from Obama — July 20, 2015
  3. Why the Disdain of Centralized Regulatory Review by Academicians? — July 17, 2015
  4. An Elephant Without Legs: GOP subpoenas Obama regulatory officials on water rule — July 16, 2015
  5. University of California Dissertation on OIRA Support of the Presidency — July 15, 2015

Most commented posts

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

Author's posts listings

Jul
25

Professor Radin on OIRA.

Professor Radin has just published an informative article on OIRA.

Abstract

This article focuses on one expression of the relationship between science and policy analysis: the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget. It has used a classic policy analysis technique—cost–benefit analysis—as the way that the White House will review regulations. This discussion highlights the utilization of the cost–benefit method in the OIRA decision-making process, the roles of various actors in the system, and the response to that use by various policy actors. It illustrates the difficulty of utilizing rational analytical methods in an environment of political conflict.

Jul
20

Republicans fret ‘midnight regulations’ from Obama

Editor’s Note: The Obama Administration’s January 20, 2009 Memo by the Chief of Staff on (Midnight Regulations) is available here and the follow-up January 21, 2009 Memo from the Director of OMB implementing the Chief of Staff’s Memo is available here, both courtesy of TheOMB.US. A report prepared by a consultant to the Administrative Conference of the United States, “Midnight Rules: A Reform Agenda” is available here.

From: The Hill

By Tim Devaney

Republicans are sounding the alarm about a deluge of  “midnight regulations” that could be pushed through agency pipelines the waning days of the Obama administration.

Jul
17

Why the Disdain of Centralized Regulatory Review by Academicians?

The concept—but not the execution—of centralized regulatory review is the product of an academician; why nearly five decades after its birth are legal academicians still flailing over its execution?

One line of thought is that many academicians believe centralized regulatory review, which allows for the review of an agency regulation by officials in the Executive Office of the President, is a dangerous usurpation of the authority vested in federal agencies which are creatures of the Congress. Another line of thought could be traced to a statement made by a recognized attorney who practiced before federal agencies and who once remarked to a meeting of leading law professors: “Either you are not teaching administrative law or I am not practicing it because nothing you teach resembles what I practice.”

Jul
16

An Elephant Without Legs: GOP subpoenas Obama regulatory officials on water rule

Editor’s Note: It is a well established principle that documents sent to OIRA are part of the deliberative process and therefore need not be released to the Congress. Administration’s of both parties have made this point repeatedly and it has withstood judicial review.

From: The Hill

Timothy Cama

House Republicans moved Tuesday to force the Obama administration to disclose certain documents related to the development of the Environmental Protection Agency’s (EPA) major water jurisdiction rule.

The House Oversight Committee sent a subpoena on the rule to the White House Office of Information and Regulatory Affairs (OIRA), which is responsible for reviewing all major federal regulations before they are issued.

Jul
15

University of California Dissertation on OIRA Support of the Presidency

Ms. Janna Rezaee has written a dissertation on OIRA which differs remarkably from many  of the previous articles on the institution. More specifically a number of the studies to date emphasize  OIRA’s role as  policing the rulemaking process for ineffective rules. In this instance, however, the author focuses on OIRA’s role as supporting (“subsidizing”) the policies of the Presidency.

A major conclusion is:

Jul
10

OMB Pushes Interagency Collaboration to Modernize Statistics

From: Government Executive

By Charles S. Clark

Agencies should get together to more efficiently update the government’s array of statistics, the chief of the White House Office of Information and Regulatory Affairs said on Wednesday.

In a memo to agency heads, OIRA administrator Howard Shelanski said he “strongly encourages” agencies to use such tools as the Economy Act and the General Services Administration’s category management program to improve the quality of federal statistics.

Read Complete Article

Jul
08

Sunstein: Justice Scalia is right about cost-benefit analysis

Editor’s Note: For information on the origins of OMB review of independent agency regulatory actions, see the 1987 National Journal article here.

From: The Salt Lake Tribune

By Cass Sunstein Bloomberg View

Last week’s Supreme Court decision striking down a federal regulation on mercury and other pollutants from coal-fired power plants is a temporary setback for those who seek to reduce air pollution. At the same time, however, it should be welcomed as a ringing endorsement of cost- benefit analysis by government agencies. It’s a kind of rifle shot, with potentially major effects on a host of future regulations that have nothing to do with the environment. (Disclosure: As administrator of the White House Office of Information and Regulatory Affairs from 2009 to 2012, I worked on the regulation that the court invalidated.)

Jul
07

OMB: Climate Change Now Part of Building Budget Requests

Editor’s Note: Information on OIRA’s estimate of the Social Cost of Carbon is available here. A cost-effective climate change policy option is available here.

From: GlobeSt.com

By Erika Morphy

WASHINGTON, DC—Shortly before Washington DC officialdom departed for the July 4th weekend, the Office of Management and Budget announced it would be requiring federal agencies to consider the effects of climate change on the construction and maintenance budgets for federal facilities in fiscal year 2017.

It is a first for the agency.

The news was released in a blog post by Ali Zaidi, OMB’s associate director for Natural Resources, Energy and Science.

Jun
23

Comment: The OIRA Model for Institutionalizing CBA of Financial Regulation

Editor’s Note: The following is an excerpt from a Comment by Ryan Bubb, Professor of Law, New York University School of Law, found in the current issue of Law & Contemporary Problems (Duke Law School). The issue is devoted to The Administrative Law of Financial Regulation. The current issue’s Table of Contents is found here. The complete Comment is found here.

Jun
22

Standards Alliance Brings Together ANSI Members and 15 Countries in Southern Africa for Exchange on Good Regulatory Practice

Editor’s Note: For more information on how voluntary consensus and market-driven consortia standards are integrated into federal regulations, see here.

From: ANSI

The American National Standards Institute (ANSI) recently partnered with the U.S. Agency for International Development’s (USAID) Southern African Trade Hub to carry out the “U.S.-Southern African Development Community Exchange on Good Regulatory Practice (GRP).” An activity of the ANSI-USAID Standards Alliance, the exchange took place June 1-2, 2015, in Johannesburg, South Africa .

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