Perspectives on judicial review

Article Abstract:

The cost-benefit provisions as well as the judicial review provisions of the regulatory reform bill, Senate bill 343, will have an impact on the ability to use litigation to handcuff administrative agencies. While the standard for review of administrative acts may still be the arbitrary and capricious standard, the bill provides many new opportunities to challenge regulations. Since the bill dictates that the least cost alternative be used, agencies may only be able to use quantifiable factors in decision-making. Intangible or indeterminate social costs may be struck down as unreasonable.

Interpretation and construction, Judicial review of administrative acts

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Legislative efforts concerning risk assessment and cost-benefit analysis for new regulations

Article Abstract:

The risk assessment and cost-benefit analysis provisions in H.R. 1022, the House of Representatives bill that passed 286 to 141, are an attempt to ensure accountability and honesty in the promulgation of regulations. The current risk assessment procedures used by the Environmental Protection Agency and other agencies systematically inflate risks. The use of high-end assumptions results in billions of dollars in government and private sector expenditures without clear economic justification. The House bill intends to promote responsible rule-making by administrative agencies.

Risk assessment, Political aspects, Environmental law

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Regulatory costs: the federal implementation plans

Article Abstract:

Regulatory reforms that require administrative agencies to engage in cost-benefit analysis or risk assessment would promote accountability and reduce inefficiencies. The Environmental Protection Agency's California FIP and its use of the BEN model demonstrate the degree to which agencies can overreach under current law. Reform is needed to restore accountability and public confidence in agency activities.

Planning, United States. Environmental Protection Agency, Powers and duties, Administrative agencies, Government agencies

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