The Regulatory Review’s Series from 2018

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The Regulatory Review revisits its series published over the past year.

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Throughout the year, The Regulatory Review highlights key regulatory debates and developments by publishing series of essays grouped around a single topic. We are pleased to highlight all fifteen series published by The Regulatory Review in 2018. The series are arranged below in chronological order.

In Pursuit of Regulatory Excellence

January 2, 2018

How can regulators know whether they are being successful in achieving their missions? A recent book, Achieving Regulatory Excellence, edited by Cary Coglianese of the University of Pennsylvania Law School, offers insights and strategies for improving the quality of regulation and regulatory management. This series includes nine essays, each focusing on a separate chapter in Achieving Regulatory Excellence.

Regulation in the Trump Administration’s First Year

January 22, 2018

After being sworn in as President, Donald J. Trump moved to make a significant shift in federal regulatory policy. Much action during the Trump Administration’s first year aimed at reversing regulations adopted by the Obama Administration. This series examines the regulatory developments that occurred during the Trump Administration’s first year.

State and Local Regulation of Climate Change

February 19, 2018

In the wake of President Trump’s decision to withdraw the United States from the Paris Climate Change Agreement, a coalition of states and cities committed to implementing the agreement in the absence of federal involvement. This series examines the obstacles faced by states and local governments in their quest to regulate climate change.

Five Recommendations for Improving Administrative Government

March 5, 2018

In December 2017, the Administrative Conference of the United States (ACUS) adopted five recommendations addressing topics as diverse as agency guidance, market-based regulatory instruments, and the use of waivers and exemptions. This series includes five essays authored by leading public officials and scholars who were involved in the development of each of the  ACUS recommendations.

Can President Trump Get Rid of Robert Mueller?

April 16, 2018

Then-Acting Attorney General Rod Rosenstein appointed Robert Mueller as special counsel to lead the investigation into Russian interference in the 2016 U.S. presidential election. President Trump has expressed displeasure with the investigation, calling it a “witch hunt.” This series analyzes whether President Trump has the legal authority to remove Mueller from office and what the proper basis for any such removal might be.

New Developments in Regulatory Benefit-Cost Analysis

April 23, 2018

Since the Nixon Administration, the U.S. government has made efforts to understand the impact of regulations through systematic and comprehensive analysis.  This series features eight essays authored by speakers at a symposium on regulatory benefit-cost analysis organized by the Society for Benefit-Cost Analysis, the George Washington University Regulatory Studies Center, and the Administrative Conference of the United States.

Science, Transparency, and Environmental Policy

June 18, 2018

Then-Administrator Scott Pruitt announced in April 2018 a rule that would limit the U.S. Environmental Protection Agency (EPA) to using only scientific studies with publicly available underlying data. Critics claim that the proposed transparency requirements would limit the types of scientific research available to EPA. This series examines the significance of EPA’s push for data transparency in its rulemaking process.

The Supreme Court’s 2018 Regulatory Term

July 9, 2018

During its last term, the U.S. Supreme Court handed down decisions that touched on pressing regulatory and administrative law questions. This series presents numerous essays by leading legal scholars and practitioners commenting on the Court’s most significant regulatory decisions from this past term.

Consistency and Transparency in Environmental Cost-Benefit Analysis

August 27, 2018

A recent advance notice of proposed rulemaking issued by EPA solicited public input on how the agency should define and consider costs and benefits when developing its regulations. Critics, however, point out that rigidly regulating how EPA weighs costs and benefits could lead the agency to ignore valuable benefits of environmental protections. This series examines the significance of EPA’s approach to cost-benefit analysis and offers recommendations on whether and how to improve it.

Judge Kavanaugh and Administrative Law

September 3, 2018

After Justice Anthony Kennedy announced his retirement from the U.S. Supreme Court, President Donald J. Trump nominated Judge Brett Kavanaugh to fill the position. Scholars and public interest groups have been speculating on the effect Kavanaugh’s confirmation would have on federal administrative law. This series explores what his confirmation could mean for the Supreme Court’s approach to regulatory law and policy.

Social Justice in a Green Economy

September 24, 2018

Legal scholars Sidney A. Shapiro and Robert R. M. Verchick grapple with the social implications of “a green transition.” They argue that policymakers must issue regulations that look to increase “social resilience”—that is, “a population’s capacity to survive, adapt, and grow in the face of misfortune and change.” This six-part series examines the implications and limitations of relying on social resilience as a basis for environmental policymaking.

Dissecting the Debate Over Regulation

October 3, 2018

Federal regulatory policy has long divided policymakers. But distinguishing rhetoric from analysis can be difficult for members of the public. This series of essays frames some of the central questions in the ongoing debate about the role of regulation in society. It begins with an essay by Richard L. Revesz, the Lawrence King Professor of Law and Dean Emeritus of New York University Law School.

Improving Agency Procedure

October 29, 2018

In June 2018, ACUS published its latest set of recommendations related to the Paperwork Reduction Act, severability clauses in agency rules, and the use of electronic case management in agency adjudication. In addition to its latest recommendations, ACUS recently issued a set of updated model rules on agency adjudication. This series highlights these recent developments by ACUS.

Bringing Expertise to the Gun Debate

November 5, 2018

Recent mass shootings across the United States have generated repeated public outcry for tighter gun regulation. But a deep divide remains about whether and how to regulate guns. Against this backdrop, The Regulatory Review has brought together leading experts to consider the prospects for and potential limitations of gun control regulation.

Revamping the American Justice System

November 26, 2018

The American legal system is broken—or so claim Professor Benjamin H. Barton and Judge Stephanos Bibas in their book, Rebooting Justice. Defendants who navigate the criminal justice system face barriers to access to justice at every turn. And most non-lawyers have difficulty understanding the complexities of civil courts. Given these problems, the legal system requires revamping. Against this backdrop, The Regulatory Review invited leading scholars and practitioners to comment on the issues raised by Barton and Bibas’s new book and the solutions it offers.

This page is part of a three-part series, entitled The 2018 Regulatory Year in Review.