Healthcare Law Highlights Problems With Regulatory Process

From: US News & World Report

By Jerry Ellig

While the Supreme Court weighs the constitutionality of the Affordable Care Act, Congress is holding hearings on the federal regulatory process. The two topics are more closely related than you might think. The healthcare law required many regulations, and thus far, the major regulations issued to implement the Affordable Care Act serve as ugly poster children for the regulatory reform movement.

Regulations like those implementing the healthcare law have major effects on Americans’ healthcare choices and cost hundreds of millions of dollars. But when agencies don’t even take the time to understand the problem, consumers may have to sacrifice personal freedom and precious dollars for an ineffective solution.

A Discussion of Whether Regulation Actually Creates Jobs

From: Bomble Magazine

Regulation Creates Jobs?

by Jim Swift

Dubious claims about regulation-created prosperity from OIRA Administrator Cass Sunstein aside, the focus on regulation and its impact on the economy is often either misunderstood or rarely given an in depth look.

However, there is no doubt that regulation creates jobs. Sorry fellow conservatives, we have to be honest and admit that regulation does creates jobs. It creates them in Congress, it creates them in the Office of Information and Regulatory Affairs, it creates them in lobbying firms, at the Government Printing Office, and among truckers, and paper makers.

EPA urged to assess regulation impacts on small business

From: Western Farm Press

Cass Sunstein, administrator of the White House Office of Information and Regulatory Affairs (OIRA), issued guidance encouraging agencies, including EPA, to carefully assess the cumulative economic costs and other impacts of their rules on small businesses and start-ups “where appropriate and feasible.” This guidance  is effective immediately.

The guidance could help ease criticisms from Republicans, industry and agriculture that EPA is failing to consider the cumulative adverse economic impacts of its various regulations. Congressional Republicans have introduced several bills to require cumulative economic impacts.

Red Tape Rising: Obama-Era Regulation at the Three-Year Mark

Editor’s Note:  The paper is attached below in pdf.

From: Heritage Foundation

By James Gattuso and Diane Katz

Abstract: During the first three years of the Obama Administration, 106 new major federal regulations added more than $46 billion per year in new costs for Americans. This is almost four times the number—and more than five times the cost—of the major regulations issued by George W. Bush during his first three years. Hundreds more regulations are winding through the rulemaking pipeline as a consequence of the Dodd–Frank financial-regulation law, the Patient Protection and Affordable Care Act, and the Environmental Protection Agency’s global warming crusade, threatening to further weaken an anemic economy and job creation. Congress must increase scrutiny of regulations—existing and new. Reforms should include requiring congressional approval of major rules and mandatory sunset clauses for major regulations.

Shepard on Due Process : Nixon Foundation

Editor’s Note:  There are some striking statements in this presentation regarding  then prominent members of the judicary.  We encourage all readers  to  post their views in the comment section below.

Geoff Shepard, who participated in the White House Watergate defense, describes serious flaws in the conduct of the Watergate trials that he claims denied the defendants their Constitutional right to due process of law.  The presentation is based on a book that he is writing about the same topic.

Environmental Regulation Should Not Distort Competition

From: RegBlog

by José Carlos Laguna de Paz

With more than a dozen related bills in Congress, cybersecurity has become a pressing policy topic. Several of these bills would give federal regulators the power to mandate how private sector networks are secured. But do private networks really need to be told how to protect themselves? If there’s no market failure for the government to correct, then shouldn’t private networks be left to secure themselves? Having direct knowledge of their systems, they are surely better equipped than outsiders—and should have the greatest incentives—to do so. In this short briefing paper, we explain what a mar- ket failure is and how the concept applies to cybersecurity.

Activists Urge EPA To Reject Data Challenge Over Drilling GHG Estimates

Editor’s Note:  The NGO letter is attached at the bottom of the post.

From: Inside EPA

Environmentalists are urging EPA to reject an industry-filed Data Quality Act (DQA) petition challenging the agency’s method for estimating greenhouse gases (GHG), including methane from natural gas drilling — underpinning pending EPA rules for the sector — by warning that EPA could violate the data quality guidelines if it changes the estimates.

Government audits: What do they want?

 Editors Note to Government Auditors: Government Audits, if disseminated to the public, must meet the standards set forth in the Data Quality Act , also known as the Information Quality Act.


 During the past two years, the federal government and many state governments have changed their focus from compliance assistance to enforcement. Gone are the days of federal government outreach, education and compliance assistance to employers.