The Administrative State Has Run Amok

From: The Regulatory Review | A Publication of the Penn Program on Regulation


In my original essay, I encouraged the use of four regulatory best practices that, among others, could improve the regulatory work product from CPSC and agencies across the federal government. These included:

  1. Requiring honesty from agencies in their regulatory agendas, so that those who are not Washington insiders are not forced to comb through obscure agency documents to know how their tax dollars are being spent.
  2. Leveraging the horizontal view and immense experience of the Office of Information and Regulatory Affairs to ensure that we do not duplicate the work of other agencies, or risk having rules thrown out in court due to procedural missteps.
  3. Holding agencies to account when they fail to provide robust public participation in rulemaking, including a requirement for peer review of scientific studies and modelling.
  4. Requiring agencies to conduct both ex-anteĀ­ and ex-post review of old rules in order to eliminate those that are outdated, ineffective, or are burdening the economy without commensurate benefits.

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