A White House office called OIRA polices regulations by other agencies in the executive branch. OIRA basically performs the role of a traditional regulator – it issues regulations that bind other agencies, and agencies need OIRA approval before they can issue their own regulations. Essentially, then OIRA regulates agencies like EPA the same way that those agencies regulate industry. Issuing regulatory mandates and permits is a very traditional form of regulation, often called command and control.
Professor Farber’s article suggests one should do a benefit/cost analysis of OIRA.
I believe a benefit/cost analysis should be done of the teaching of Administrative Law.
As Professor Heinzerling states in a forthcoming article:
“Thirty years ago, Peter Barton Hutt, the acknowledged dean of food and drug law, began a luncheon talk to a gathering of administrative law professors by observing:
“Either you don’t teach administrative law or I don’t practice administrative law because what you and I do have nothing to do with each other”.
The following post explains why a wide range of technological innovations have rendered obsolete many of the ideological foundations of Administrative Law as presently practiced and is a wakeup call if its students wish to have a competitive edge in the job market, please see http://www.thecre.com/oira/?p=3167