March 29, 2011
The (Not So) New E.O. on Regulatory Review, and What to Expect
President Obama signed an Executive Order on January 18, 2011 requiring Federal agencies to design cost-effective, evidence-based regulations that are compatible with economic growth, job creation, and competitiveness. The guiding principles include a requirement that agencies use a cost-benefit analysis to choose the least burdensome path, transparency and public participation, coordination of regulations amongst agencies, flexibility, rules guided by objective scientific evidence, and perhaps most significantly, a review of existing regulations according to these principles.
While the principles may seem straightforward, their execution may be anything but. Every president since Jimmy Carter has made a similar promise to eliminate burdensome regulations, and many say that little has changed as a result. Under the Obama administration, can practitioners expect to see significant new rulemaking policies? An esteemed panel that included former staff of the White House Office of Information and Regulatory Affairs discussed the practical consequences of the regulatory EO. They described the process that will be used, what environmental regulations and agencies were expected to receive greater scrutiny, and the role of Congress. The panel also addressed legal questions about the Executive Order's authority, in relation to statutory law.
Roger Martella, Partner, Sidley Austin LLP (moderator)
Gary D. Bass, Executive Director, OMB Watch
Susan Dudley, Director, Regulatory Studies Center, George Washington University
Michael L. Goo, Associate Administrator, Office of Policy, U.S. EPA
Sally Katzen, Senior Advisor, Podesta Group
An ELI Associates Seminar, supported by the generous contributions of our members.