Regulatory Rationality for the 21st Century
The Biden Administration has proposed revising the government-wide guidance on how agencies estimate and weigh the costs and benefits of their regulations.
Administrative & Regulatory Law News | Spring 2023
Volume 48, Issue 3
Inside this issue
Stimulating Distributional Analysis
The proposed revisions to Circular A-4, by setting expectations and providing significantly more guidance about distributional analysis, certainly suggest that there is now pressure on agencies to ta…
Modernizing Regulatory Review: Assessing All Important Impacts
President Biden issued Executive Order 14,094 calling for further steps by federal regulatory agencies and the Office of Information and Regulatory Affairs within the Office of Management and Budget.
Of Nondelegation, Privatization, and Horseracing
Congress amended the Horseracing Integrity and Safety Act after the Fifth Circuit's decision in National Horsemen's Benevolent & Protective Ass'n v. Black.
Supreme Court News - Spring 2023
Most of the administrative law news from the published opinions released so far this Term can be found in Axon Enterprises, Inc. v. FTC.
News from the Circuit
Public Engagement, Equity, and Executive Order 14,094
Executive Order 14,094 gestures importantly toward engaging regulatory beneficiaries in regulatory decisions by encouraging agencies to reach out to affected interests and focusing for the first time…
The D.C. Circuit Explores Thunder Basin
The Supreme Court is not the only court to address the three factors from Thunder Basin Coal Co. v. Reich.
Ninth Circuit Lowers Justiciability Hurdle for Review of President's Statutory Powers
The controversy in Murphy Co. v. Biden centered on former President Barack Obama's exercise of the Antiquities Act to issue Proclamation 9564, which expanded the Cascade-Siskiyou National Monument in…
News from ACUS
White House Actions on Regulatory Review Reflect ACUS Recommendations
Executive Order 14,094 changes when the Office of Information and Regulatory Affairs reviews agency rules and how agencies analyze the effects of their regulations.