The Birth of a Regulation in Real Time

As a result of the insight of Professor Ed Richards, Director of the Louisiana State University Climate Change Law and Policy Project, the give and take in the development of one of the more controversial regulations dealing with visibility protection to national parks is available on video.  This video is one of a kind. It was narrated by a very famous actor, Edward G. Marshall, some thirty years ago and goes to a  painstaking  effort to document the development of a contentious regulation over a considerable period of time.

The video captures the major participants in their actual working environment, not an interview, and is holistic in capturing the activities of the major players.  The video should be an essential element in  courses dealing with federal regulation.

Part I : Presents the development of the regulation by EPA and other federal agencies.

Part II Presents the review process by EPA Headquarters and the White House/OMB.

Students of the regulatory process are encouraged to review the above and ask themselves  whether there has there been any significant changes in notice and comment rulemaking over the past thirty years.  Feel free to use the comment section below.

The WH/OMB review, in an extremely rare instance, is presented beginning at minute 10:38 on the second link. OMB was represented by the Office of Regulatory and Information Policy [pg. 52], the precursor to OIRA.


NB Also see The Birth of a Legal Doctrine in the Administrative State





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