Thursday, November 8, 2012
D'Alesandro (Sheraton Baltimore City Center Hotel)
*Names in bold indicate Presenter
All three branches of government have responsibility under the Constitution for ensuring accountable regulation, providing checks and balances Against each other. Over the last century, they have experimented with Approaches to improving regulatory outcomes by controlling the procedures and principles by which regulations are generated. With concern over regulatory impacts rising, proposals for regulatory reform are gaining traction in the executive, legislative, and judicial branches of government. President Obama has initiated a retrospective review of existing regulations and introduced changes in how regulations are justified. Congress is considering several bills that would reform the procedures by which regulations are issued, clarify the decision criteria agencies used to develop regulations, and take responsibility for the content of individual regulations promulgated pursuant to statutes. Recent court decisions have remanded rules to agencies to conduct more robust regulatory impact analysis. This paper will review the evolving role of each branch of government in ensuring regulatory accountability and evaluate current reform efforts.