Panel Paper: Delay In Notice and Comment Rulemaking: Evidence of Systemic Regulatory Breakdown?

Friday, November 9, 2012 : 9:00 AM
Carroll (Sheraton Baltimore City Center Hotel)

*Names in bold indicate Presenter

Susan Webb Yackee, University of Wisconsin and Jason Webb Yackee, University of Wisconsin Law School

Many observers have claimed that the steady accretion of procedural hoops in the regulatory process prevents officials from addressing problems quickly and responding to potential threats before they arise.  This paper tests this popular diagnosis of regulatory breakdown -- and finds the evidence wanting.  Drawing on an empirical analysis of rulemaking by all federal agencies since 1983, we find no indication that regulatory agencies are systematically hampered by the procedures that have been placed upon them.