Agency Rulemaking

Agency Rulemaking

The nature and scope of administrative rulemaking is a topic for ongoing debate. One of the main functions of administrative agencies is to create regulations. Over the past several decades, the volume of the Code of Federal Regulations far surpasses the laws passed by Congress. How are these agencies accountable to the American public? What are tradeoffs for relying on agency expertise instead of Congressional legislating? This series discusses how agency rulemaking works in practice: the scope of agencies' authority to write regulations, core processes of agency rulemaking (notice and comment rulemaking), the review and scrutiny that rules are subject to, and how agency rulemaking fits in with the democratic process.

  

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1 of 11: History of Benefit-Cost Analysis [No. 86]

When and why did administrative agencies start doing cost-benefit analysis? Professor Susan Dudley maps out the history of executive orders that imposed this procedure. President Ronald Reagan formalized the process and every President since has enf ... When and why did administrative agencies start doing cost-benefit analysis? Professor Susan Dudley maps out the history of executive orders that imposed this procedure. President Ronald Reagan formalized the process and every President since has enforced cost-benefit analysis to evaluate regulatory impact.


Susan Dudley is director of the George Washington University Regulatory Studies Center and distinguished professor of practice in the Trachtenberg School of Public Policy and Public Administration.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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