Improving Regulatory Analysis at Independent Agencies

From: RegBlog | Penn Program on Regulation

When conducting the analysis needed to inform sound regulatory decision-making, independent agencies could benefit from following key analytical standards that over the years have been imposed on executive branch agencies by executive orders. As a Commissioner of the U.S. Consumer Product Safety Commission (CPSC), too often I have seen my Agency depart from these analytical best practices, which then can lead to misinformed and even unnecessary regulations. Regulatory decision-making at independent agencies like CPSC would benefit from adherence to four main analytic requirements contained in executive orders.


Unfortunately, the sound science requirements contained in the Information Quality Act do not “explicitly provide for judicial review.” Codifying the best sound science practices found in executive orders and in President Obama’s memorandum on scientific integrity, along with providing for more robust judicial review of agencies’ scientific analysis, would help ensure independent agencies like CPSC use the best available data and methods when crafting new rules

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