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Nina Mendelson | October 3, 2013

Regulatory Review Needs to Comply with Transparency Requirements

On this 20th anniversary of the regulatory review regime of Executive Order 12,866, the appropriate thing to do would be to take stock. Has centralized regulatory review, on balance, improved the quality of federal regulation or interfered with it?   Is this now-extensive regulatory review process worth it, given its costs? Sadly, the opaque quality of the process […]

Sidney A. Shapiro | October 3, 2013

More Politics, Less Expertise: What OIRA has Wrought

As indicated by the 20th anniversary of Executive Order 12866, which guides the workings of the Office of Information and Regulatory Affairs (OIRA) at OMB, OIRA has become a fixture of the regulatory landscape.  OIRA review of proposed rules is problematic, as other blogs in this series have indicated.   In the Obama administration, however, this […]

David Driesen | October 3, 2013

Keeping OIRA from Harming Efforts to Reduce Greenhouse Gas Emissions

This blog explains why President Obama should exempt proposals to mitigate climate disruption by reducing greenhouse gas emissions from OIRA review. First, the procedure that justifies OIRA review, cost-benefit analysis (CBA), just does not work for climate disruption measures. Second, CBA undermines just and legal climate policy. Third, climate disruption poses special risks that make […]

Amy Sinden | October 2, 2013

Executive Order 12866’s Cost-Benefit Test is still with us and I Can Hear Ben Franklin Rolling Over in his Grave

It was 20 years ago this week that President Bill Clinton signed Executive Order 12866.   That was a watershed of sorts, because it marked the adoption by a Democratic administration of a key aspect of President Reagan’s anti-regulatory agenda — the requirement that all major federal regulations undergo cost-benefit analysis.  This was not a move that […]

Thomas McGarity | October 2, 2013

A Long History of Analysis and Intervention

The origins of Executive Order 12866 go all the way back to the Nixon and Ford Administrations.  Soon after the enactment of the Occupational Safety and Health Act and the Clean Air and Water Acts, affected industries began to complain bitterly about the burdens the new wave of public interest statutes imposed on them.  The […]

Sidney A. Shapiro | October 1, 2013

The SBA’s Office of Advocacy Criticism of Its ‘Crain and Crain’ Report: A Dollar Short and A Day Late

Call it buyer’s remorse. The Office of Advocacy of the Small Business Administration (SBA) is publicly—albeit meekly—tiptoeing away from a now-infamous report that it commissioned, in which economists Nicole Crain and Mark Crain purported to find that federal regulations cost the economy $1.75 trillion in 2008. After being roundly criticized by CPR, the Congressional Research Service, and […]

William Funk | September 30, 2013

Time to Stand Up and Be Counted

Executive Order 12866 may be twenty years old, but formal, centralized review of agency rulemaking by the Office of Information and Regulatory Affairs (OIRA) is more than thirty years old, having been instituted by President Ronald Reagan in Executive Order 12291 in 1981. Since then, this centralized review has been carried out without significant change over […]

Lisa Heinzerling | September 30, 2013

20 Years of 12866

This coming Friday marks the 20th anniversary of a little-known but remarkably important document: Executive Order 12866, issued by President Bill Clinton in 1993. Executive Order 12866 replaced an order issued by President Ronald Reagan in 1981. Both of these documents set out a process whereby the White House – acting through the Office of Information and […]

Erin Kesler | September 25, 2013

CPR’s Sid Shapiro in the Hill: In Defense of Regulation

Today, the Hill published an op-ed by CPR Vice President Sid Shapiro entitled, “In Defense of Regulation.” According to the piece: The responsible scholarly literature — as opposed to calculations cooked by business-friendly think tanks — has refuted the opponents’ claims of regulatory costs far in excess of the benefits of regulation. The same literature reminds […]