Reforming “Regulatory Reform”: A Progressive Framework for Agency Rulemaking in the Public Interest
Sho Sato Professor of Law and Faculty Director, Center for Law, Energy, and the Environment, University of California Berkeley Law
Justice William J. Brennan, Jr. Professor of Law, Georgetown Law
Jacob E. Davis and Jacob E. Davis II Chair in Law, The Ohio State University Moritz College of Law. Member, ACS Board of Directors and ACS Board of Academic Advisors.
October 3, 2018
In the wake of decades of increased corporate influence in politics, regulatory reform has become synonymous with deregulation. The current administration has taken on the mantle of deregulation through executive action, budgetary constraints, and rulemakings – leaving federal agencies without the financial resources to ensure safe working conditions, clean water, and safe pharmaceuticals for all Americans. In this Issue Brief, Professors Dan Farber, Lisa Heinzerling, and Peter Shane envision what regulatory reform might look like if approached with the view that regulation is in the public interest. Recognizing that “[n]o human institution is perfect, including administrative agencies,” the authors argue that these agencies have provided “incalculable value to American families, consumers, workers, patients, and students - everyone” and propose a series of changes to administrative rulemaking that would make the process more “inclusive, transparent, accountable, and evidence-based.”