May 26, 2017

An Administration Takes Sides

From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice

by Andrew M. Grossman


In the main, the Trump Administration has acted through executive orders to build upon the regulatory reform efforts of previous administrations, including cost-benefit analysis and centralized review through the Office of Information and Regulatory Affairs, or OIRA. What is remarkable about Trump’s Executive Order 13,777, unwieldily entitled “Presidential Executive Order on Enforcing the Regulatory Reform Agenda,” is the great degree of continuity it represents with the practices of previous administrations, including with the Clinton Administration’s Executive Order 12,866 regarding regulatory planning and review and the Obama Administration’s Executive Order 13,563 regarding retrospective review. In general, it maintains the regulatory review process and central cost-benefit criterion of previous administrations.

Agencies increasing regulatory burdens should expect to face tough questioning from OIRA and should not expect to skate by on trust, deference, and blizzards of economic projections. And the targets of potential regulation, including the states and industry, may find in OIRA a more sympathetic ear for their practical concerns and objections.

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