Two cases that challenge the effect of a new Administration’s moratorium on rules pending review by new appointees deserve some attention this week – one challenges a delay of effective date while the other challenges a withdrawal from public inspection prior to publication. The march of regulatory disapprovals continued to build with the first two… Continue Reading
New food safety rules and a proposed common rule on protection of human subjects in research deserve attention in the regulatory process. An unsurprising denial of an extraordinary writ and an unsurprising petition for certiorari deserve as much attention as a surprising injunction against an insurance coverage regulation in the judicial process.
Today’s review defies categorization, but four significant unrelated events are worth noting. The United States Supreme Court (SCOTUS) today may grant review in a critical regulatory case raising the necessity of following notice and comment rulemaking for an agency to alter an existing interpretive rule, setting the stage for argument and decision next Term in… Continue Reading
A recent post by Stuart Shapiro and John Morall in the University of Pennsylvania’s Penn Program on Regulation, Regblog, highlights the important relationship between the results of economic cost-benefit analysis and the political salience of rules. Disappointingly to us … agencies do not appear to make better decisions, at least from an economic perspective, when… Continue Reading