Archive for September, 2017
From: The Regulatory Review
Or take the questions of Chevron and Seminole Rock deference. (For personal reasons, I prefer to call it Seminole Rock—not Auer—deference.) To most lawyers, these are obscure matters, though many appreciate that Chevron has to do with the authority of regulatory agencies. But those in this room know that questions of deference go to fundamental issues in our constitutional democracy: What ability should the executive branch have to make law? What role do our courts have in pronouncing what the law is? To what extent should we permit Congress to absent itself from some of the most important legislative decisions that are made for our society?
What’s the Difference Between ‘Major,’ ‘Significant,’ and All Those Other Federal Rule Categories? A Case for Streamlining Regulatory Impact Classification
CEI Issue Analysis No. 8, 2017
Bureaucracy, rather than interaction with elected representatives, dominates the relationship of the individual to the government. The number of rules promulgated by executive branch agencies far outstrips the number of laws passed by Congress, which makes getting a handle on the impact of federal regulation daunting. Further complicating the federal regulatory enterprise is an array of official designations of rule types and effects. Some types of rules are defined in legislation; some in executive orders; other designations were the creations of administrators.
From: American Action Forum
Overall, the Administration is well on its way to meeting, and even exceeding, the EO’s FY 2017 goal. Most of the agencies have not published actions with quantifiable economic estimates. However, if the goal under EO 13,771 is to get to net annual costs “no greater than zero” by the end of the fiscal year, then agencies doing nothing clearly still achieves that goal. Across the various agencies, two of the actions included were regulatory actions that, per agency claims, impose only de minimis costs. If those actions are excluded, the cumulative deregulatory/regulatory action ratio exceeds two to one.
From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice
by Chris Walker
Many of us remember seeing the 1982 PBS documentary The Regulators: Our Invisible Government in our administrative law course in law school. C-SPAN has made this instant adlaw classic available for public viewing on its website here. [HT Linda Jellum!]
Here’s a summary of the documentary from C-SPAN: