August 8, 2015

Benefit/Cost Analysis

CRE encourages our readers who have expertise in Benefit/cost analysis  to make comments hereon.

We welcome comments in the section below or a new post through the mechanism on the right of this page.

Procedurally the rulemaking process has often been driven by concerns for judicial review; however in the overwhelming number of cases the OIRA review process is driven by benefit/cost analysis not concerns that a rule will be overturned in court.

Through the work of  a wide range of individuals working through this forum stakeholders will realize the importance of ramping  up their  attention to benefit/cost analysis;  the traditional role played by the legal profession of taking the comments of others and writing summary  comments will diminish. Instead  a new brand of attorney will emerge who is knowledgeable in creating a strong record of review for agency policy makers and OMB—not the courts; a skill set usually not attainable in traditional Ad Law courses but will be attainable  by the rebirth  of Ad Law curricula.  These millennial attorneys will have strong competition from their counterparts in political science, public policy and economics.

Internal OMB discussions on the need for benefit/Cost analysis: Circa 1970

Constitutional and Statutory Limits  for Cost-Benefit Analysis Pursuant to Executive Orders 12,291 and 12,498

Judicial Review of Agency Benefit/Cost Analyses

The Role of Benefit/Cost Analysis in the US Regulatory System

National Academy of Science on Benefit/Cost Analysis

Sunstein and Scalia on Benefit/Cost Analysis

John Graham on Benefit/Cost Analysis

Institutionalization of Benefit/Cost Analysis

Corps of Engineers: The Birthplace Of Benefit/Cost Analysis and Centralized Regulatory Review

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