Stock Markets Fail to Punish Firms that Cause Harm
The Deepwater Horizon oil spill shows that market incentives alone do not guarantee sufficient safety and environmental measures.
Avoiding Unduly Concentrated Clean Energy Markets
The IRS will need help to avoid unintended adverse effects in implementing the Inflation Reduction Act’s clean energy provisions.
Toxic Metals in Baby Food Remain Unregulated
Despite delayed government action, manufacturers can do more to reduce toxic metals in baby food.
Analyzing Language to Identify Stakeholders
Using artificial intelligence in public consultation processes could enhance participation in rulemaking.
Contractors in Rulemaking
Guidance from ACUS seeks to help agencies craft policies guiding their use of contractors in the rulemaking process.
Agency General Counsels, Beware
Federal agencies can face legal risk if they only provide constructive notice of regulatory changes through publication and FOIA “availability.”
Improving International Regulatory Cooperation
New OECD recommendation seeks to improve regulatory cooperation across countries.
Redesigning Automated Legal Guidance
Agencies should take care when using chatbots, virtual assistants, and preset menus to share legal information.
Using Technology and Contractors in the Administrative State
Government agency recommends that other federal agencies follow best practices for automation, notice, and use of private contractors.
A Judicial Threat to Conservation
The recent nullification of environmental regulations by a federal court sets a dangerous precedent.
A Voluntary Coda
Just as with the process of creating voluntary codes and standards, the development of Codes-and-Standards.org was truly collaborative.
Private Standards and the Benzene Case
A classic Supreme Court case highlights the impact and importance of private standards for regulated entities.