Restraining The Regulatory State
From: Regulation / Spring 2017
A Regulatory Review Office could help Congress determine if new rules are benefiting the public.
BY ROBERT W. CRANDALL
Comprehensive regulatory review cannot be left to the judiciary because of the costs and time required to litigate thousands of agency rules with all of the due process requirements as each challenged rule winds its way through the federal courts—a phenomenon all too familiar. Thus, the best solution to the problem of excesses in the agencies’ exercise of delegated regulatory authority is to allow Congress to undertake regulatory reviews and, where appropriate, undo some of this delegation.