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Sidney A. Shapiro | October 30, 2013

Senate Republicans against DC Circuit Court nominees: talking through their hats

This week, it was reported that Senate Democrats plan to force a vote to confirm one judicial nominee to the D.C. Circuit Court of Appeals if Republican Senators continue to block the nominee’s confirmation. Patricia Ann Millett, who has worked for Democratic and Republican administrations in the past, is the contested candidate.  Although the circuit […]

Erin Kesler | October 8, 2013

EO 12866 20th Anniversary: Roundup Edition

Last Friday, Executive Order 12866, which governs the work of OMB’s regulatory review arm, the Office of Information and Regulatory Affairs (OIRA) reached its 20th anniversary. Center for Progressive Reform scholars marked the anniversary by examining the Order’s reach and OIRA’s influence on the regulatory process including on the issues of transparency, timeliness and the […]

Robert Verchick | October 7, 2013

White House Buries Itself in Analysis of Non-Economically Significant Rules: A Tour of OIRA’s Regulatory Dashboard

Ever wonder how Professor Tom McGarity knows about all those delays in regulatory review? Or how Professor Lisa Heinzerling learns about food safety regulations that the White House appears to be burying? Well, now you too can be an OIRA ninja. In President Obama’s first term, the White House introduced an interactive Web portal stocked […]

Rena Steinzor | October 4, 2013

The End of Centralized White House Regulatory Review: Don’t Tweak EO 12,866, Repeal It

A series of catastrophic regulatory failures have focused attention on the weakened condition of regulatory agencies assigned to protect public health, worker and consumer safety, and the environment. The destructive convergence of funding shortfalls, political attacks, and outmoded legal authority have set the stage for ineffective enforcement, unsupervised industry self-regulation, and a slew of devastating […]

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 […]

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 […]

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 […]