At Bloomberg Law, Prof. Cary Coglianese discusses President Biden’s executive order that aims to modernize and strengthen the federal regulatory system.
At Bloomberg Law, Cary Coglianese, Edward B. Shils Professor of Law and Professor of Political Science, shares his insights on President Biden’s executive order on modernizing the federal regulatory process and proposed changes to the Office of Management and Budget (OMB) Circular A-4 on conducting regulatory analysis.
From Bloomberg Law:
Proposed changes to the way federal agencies write rules would give the EPA more leeway to issue tougher regulations on air emissions, toxic chemicals, and other environmental harms, legal scholars say… .
Cary Coglianese, a regulatory law professor at the University of Pennsylvania [Carey] Law School, said, “There’s a moral case to be made that we should not be indifferent to effects on people wherever they may be located.
“And on some problems, it may be that there are positive spillover effects that come back to the US,” he said. “Those kinds of effects, even though they might initially land on some people outside the US, could redound to our benefit.” …
Separately, several of the provisions in a new White House executive order, also released Thursday, are aimed at giving underserved communities a more prominent voice in the rulemaking process.
One new mandate tells agencies to “proactively engage” with affected parties, including members of underserved communities, when they’re developing their regulatory plans. Another section directs OIRA to more thoroughly consider meeting with non-federal employees.
“If it turns out that one segment of society is disproportionately benefiting from regulations, and another segment of society is disproportionately on the cost-bearing side, we should know that,” said Coglianese.
Coglianese, Director of the Penn Program on Regulation (PPR), is a globally renowned expert on regulatory law, analysis, and management who has produced extensive action-oriented research and scholarship. He has consulted with regulatory organizations around the world and is a founding editor of the peer-reviewed journal Regulation & Governance. He also created and continues to serve as the faculty advisor to the PPR’s flagship publication, The Regulatory Review.
Coglianese designed and leads “Regulatory Analysis and Decision-Making,” an innovative, 6-day, 12-session program that helps professionals from every industry and regulatory domain build the skills necessary to better analyze and make regulatory decisions as well as to operate effectively within an ever-changing regulatory environment. PPR, in collaboration with the Law School’s Legal Education Programs Office, will offer the “Regulatory Analysis and Decision-Making” executive program in a live, virtual format on May 10-12 and May 17-19, 2023. Registration closes Friday, April 21.