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Cost-Benefit Analysis Without the B: How Rewriting OIRA’s Past Threatens Its Future

Published online by Cambridge University Press:  04 March 2020

Sally Katzen
Sally Katzen*
Affiliation:
Professor of Practice and Distinguished Scholar in Residence, New York University School of Law, 40 Washington Square South, New York, NY 10012, USA, e-mail: Sally.Katzen@nyu.edu
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Extract

Jim Tozzi has a wealth of knowledge and experience with cost-benefit analysis and centralized review of Executive Branch rulemaking. Mine is more limited, but nonetheless significant.1 And while I may agree with much of what he says in his article “Office of Information and Regulatory Affairs: Past, Present and Future,” (Tozzi, 2019) I do see things differently than he does in a number of respects.

Type
Comment
Information
Journal of Benefit-Cost Analysis , Volume 11 , Issue 1 , Spring 2020 , pp. 49 - 54
Copyright
© Society for Benefit-Cost Analysis, 2020

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References

Copeland, Curtis. 2006. “The Role of the Office of Information and Regulatory Affairs in Federal Rulemaking.” Fordham Urban Law Journal, 33: 4.Google Scholar
Croley, Steven. 2003. “White House Review of Agency Rulemaking: An Empirical Investigation.” University of Chicago Law Review, 70: 821–855.CrossRefGoogle Scholar
Elliot, E. Donald. 1994. “TQM-Ing OMB: Or Why Regulatory Review under Executive Order 12,291 Works Poorly and What President Clinton Should Do about It.” Law and Contemporary Problems, 57(2): 167–184.CrossRefGoogle Scholar
Farber, Dan. 2019. “How Trump Officials Abuse Cost-Benefit Analysis to Attack Regulations.” Washington Monthly, January 9, 2019. Available at https://washingtonmonthly.com/2019/01/09/how-the-trump-administration-abuses-cost-benefit-analysis-to-attack-regulations/. (accessed September 21, 2019).Google Scholar
Helbling, Thomas. 2018. “Externalities: Prices Do Not Capture All Costs.” Finance and Development, June 1, 2018. Available at https://www.imf.org/external/pubs/ft/fandd/basics/38-externalities.htm. (accessed September 21, 2019).Google Scholar
Hopkins, Thomas D. 2011. “The Evolution of Regulatory Oversight – CWPS to OIRA.” Administrative Law Review 63: 71–77.Google Scholar
Jacewicz, Natalie, and Revesz, Richard. 2019. “EPA is Rolling Back Protections with Methodology No Respectable Economist Would Endorse.” The Hill, March 4, 2019. Available at https://thehill.com/opinion/energy-environment/432471-epa-is-rolling-back-protections-with-methodology-no-respectable. (accessed September 21, 2019).Google Scholar
Katzen, Sally. 2018a. “Benefit-Cost Analysis Should Promote Rational Decisionmaking.” The Regulatory Review. https://www.theregreview.org/2018/04/24/katzen-benefit-cost-analysis-promote-decisionmaking/. (accessed September 23, 2019).Google Scholar
Katzen, Sally. 2018b. “Tracing Executive Order 12866’s Longevity to its Roots.” George Washington Regulatory Studies Center. https://regulatorystudies.columbian.gwu.edu/tracing-executive-order-12866%E2%80%99s-longevity-its-roots-katzen. (accessed September 20, 2019).Google Scholar
Morrison, Alan B. 1986. “OMB Interference with Agency Rulemaking: The Wrong Way to Write a Regulation.” Harvard Law Review, 99: 1059–1074.CrossRefGoogle Scholar
Office of Management and Budget. 2003. Circular A-4, Regulatory Analysis, September 17, 2003. Available at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/circulars/A4/a-4.pdf. (accessed September 20, 2019).Google Scholar
President Barack Obama. 2009. “Executive Order 13497 of January 30, 2009, Revocation of Certain Executive Orders Concerning Regulatory Planning and Review.” Federal Register, 74(22): 6113.Google Scholar
President Donald J. Trump. 2017. “Executive Order 13771 of January 30, 2017, Reducing Regulation and Controlling Regulatory Costs.” Federal Register, 82(22): 9339.Google Scholar
President William J. Clinton. 1993 “Executive Order 12866 of September 30, 1993, Regulatory Planning and Review.” Federal Register, 58(190): 51735.Google Scholar
Revesz, Richard, and Livermore, Michael. 2008. Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health. New York, NY: Oxford University Press.Google Scholar
Sabin, Paul. 2016. “‘Everything has a price’: Jimmy Carter and the Struggle for Balance in Federal Regulatory Policy.” Journal of Policy History, 28:1.CrossRefGoogle Scholar
Tozzi, Jim. 2011. “OIRA’s Formative Years: The Historical Record of Centralized Regulatory Review Preceding OIRA’s Founding.” Administrative Law Review, 63: 37–69.Google Scholar
Tozzi, Jim. 2019. “Office of Information and Regulatory Affairs: Past, Present, and Future.” Journal of Benefit-Cost Analysis, 11(1). doi:10.1017/bca.2019.26.CrossRefGoogle Scholar
U.S. Congress House, Committee on the Judiciary, Subcommittee on Commercial and Administrative Law. 2007. Amending Executive Order 12866: Good Governance or Regulatory Usurpation? 110th Cong., 1st Session, February 13, 2007 (statement from Sally Katzen).Google Scholar