In testimony before a U.S. Senate Subcommittee today, Penn Law Professor Cary Coglianese urged lawmakers to be skeptical of claims that the National Highway Traffic Safety Administration (NHTSA) has abandoned regulation of auto safety and shifted instead to issuing individual recalls on defective automobiles.
“Claims of NHTSA’s abandonment of rulemaking in the face of judicial review simply do not bear up under close scrutiny,” Coglianese told members of the Judiciary Committee’s Subcommittee on Oversight, Federal Rights, and Agency Action. In prepared remarks, he testified that “NHTSA has continued to undertake substantial rulemaking, notwithstanding the persistent threat of judicial review.” The Subcommittee is holding hearings on “Justice Denied: Rules Delayed on Auto Safety and Mental Health.”
Coglianese, the Edward B. Shils Professor of Law at the Law School, is the Director of the Penn Program on Regulation and a professor of political science at Penn. He focuses his research and teaching on administrative law and government regulation, with an emphasis on the empirical study of regulatory policymaking. A copy of his prepared testimony is available below: