Archive for May, 2014

New OMB Director Promises Fast Action on EPA Regulations

Editor’s Note: In a new Politico article, Shaun Donovan, President’s pick to head OMB, the Office of Information and Regulatory Affairs (OIRA) parent organization, discussed his plans for acting on regulations.

From: Politico

Obama’s new regulatory czar
By: Edward-Isaac Dovere


Donovan, the nominee to take over the Office of Management and Budget, won’t have a huge public profile, but will be key in shaping Obama’s legacy and advancing a progressive agenda through federal regulations.


OECD Support for Centralized Regulatory Review

Editor’s Note: The Head of OECD’s Regulatory Policy Division delivered the presentationRegulatory Impact Analysis: An International Perspective” at a recent meeting in Kuala Lampur, Malaysia which is attached here. Below are three excerpts from the presentation.

From:  Regulatory Impact Analysis: An International Perspective

By Nick Malyshev

RIA [Regulatory Impact Analysis] is seen as a useful tool in support of more efficient, effective, transparent and accountable policymaking

All countries, even those with many years experience with undertaking RIA and with very advanced RIA systems in place still experience problems with the quality and timeliness of RIA documentation.  

Regulatory and Quasi-Regulatory Activity without OMB and Benefit-Cost Review

From: Harvard Journal of Law and Public Policy via Mercatus Center

John D. Graham , Cory R. Liu

This paper illustrates four types of regulatory and quasi-regulatory activities that are operating outside Office of Management and Budget and benefit-cost review: (1) agency issuance of quasi-regulatory documents such as memoranda, policy statements, and guidance documents; (2) agency approval of state regulatory policies under federal laws that authorize selective waiver of federal preemption of state regulation; (3) federal agency issuance of hazard determinations related to technologies, substances, and practices that impact the litigation and regulatory environment; and (4) federal agency decisions to enter into binding agreements with pro-litigants favoring certain regulatory outcomes, where settlements create nondiscretionary agency duties to initiate new rulemakings.

Why I don’t tell reporters everything I know: Cass Sunstein

Editor’s Note: Professor Sunstein’s discussion of discretion below should read and asborbed by both reporters and officials.

From: The Oregonian 

By Cass R. Sunstein

The White House Correspondents’ Association dinner, which I attended last Saturday night, is an astonishing spectacle — a unique combination of journalists, government officials and celebrities. Amid the laughter and the conviviality, however, there is an uneasy undercurrent: Many journalists are disturbed that outside of an annual dinner, they cannot get a lot of access to those same officials.