Benefit-Cost Analysis in Rulemaking: Ready for Prime Time?

Administrative Law & Regulation Practice Group Teleforum

Benefit-Cost Analysis (BCA) has been embraced by every President since Richard Nixon as a general purpose tool for evaluating the merits of administrative decisions, even while it has been assigned a subordinate role – or no role at all – in the statutory frameworks for making those decisions. One consequence is that we have a voluminous record of BCA performance in the executive branch, but only a handful of cases in which it has played an important role in judicial review of rules. Now, amid widespread claims that federal regulation is contributing to America’s continuing economic troubles, BCA is getting more attention. As practiced, does it give an accurate picture of the economic consequences of regulatory actions? Should we rely on it or require it, more than we do, to guide administrative discretion? Our two experts will talk about the state of the art and current BCA controversies in energy and environmental regulation, and in financial regulation. Featuring Dr. Sharon Brown-Hruska of National Economic Research Associates and Mr. Brian Mannix of Buckland Mill Associates.

Benefit-Cost Analysis (BCA) has been embraced by every President since Richard Nixon as a general purpose tool for evaluating the merits of administrative decisions, even while it has been assigned a subordinate role – or no role at all – in the statutory frameworks for making those decisions.  One consequence is that we have a voluminous record of BCA performance in the executive branch, but only a handful of cases in which it has played an important role in judicial review of rules.  Now, amid widespread claims that federal regulation is contributing to America’s continuing economic troubles, BCA is getting more attention.  As practiced, does it give an accurate picture of the economic consequences of regulatory actions?  Should we rely on it or require it, more than we do, to guide administrative discretion?  Our two experts will talk about the state of the art and current BCA controversies in energy and environmental regulation, and in financial regulation.

Featuring:

• Dr. Sharon Brown-Hruska, National Economic Research Associates, Inc.
• Mr. Brian Mannix, Buckland Mill Associates

Call begins at 12:00 noon Eastern Time.

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