OMB Seeking Public Comment on Regulatory Reform

 

On Jan. 30 President Obama issued a memo asking federal agencies to help him reform the regulatory process. Obama asked White House Office of Management and Budget Director Peter Orszag to spearhead the effort, and set a deadline of 100 days. (The memo is here, background on the memo is here.)

In a welcome move, OMB is also engaging the public. OMB published a notice in today’s Federal Register soliciting public comment on the current state of the regulatory process and recommendations for improvement. The notice says, “[T]here has been an unusually high level of public interest [in Obama’s Jan. 30 memo], and because of the evident importance and fundamental nature of the relevant issues, the Director of OMB invites public comments on the principles and procedures governing regulatory review.”

Obama’s memo asks for recommendations on a new executive order on regulatory review. Presumably, Obama will revoke or substantially revise the current order, Executive Order 12866. Among other things, E.O. 12866 gives OMB's Office of Information and Regulatory Affairs (OIRA) the power to review and edit proposed and final regulations on behalf of the president. It also gives cost-benefit analysis a prominent role in regulatory decision making.

A new executive order should include a number of reforms:

  • OIRA should show more deference to federal agencies, and should not review each and every significant regulation;
  • Communications between and among the agency issuing the regulation, other agencies, the White House, and outside interests should be disclosed in an online, publicly-available rulemaking docket;
  • Agencies should not use scientific uncertainty as an excuse for failing to regulate – as they have in the past with issues like climate change or bisphenol-A;
  • Agencies should do a better job of describing the virtue of proposed and final regulations, as well as their expectations of the regulated community, without relying on dollars and cents calculations to make their point (as they currently do with cost-benefit analysis).

Of course, that’s just one man’s opinion.

You can submit comments to OMB by emailing them to oira_submission@omb.eop.gov or faxing them to (202) 395–7245. (OMB warns against snail mail.) OMB will accept comments until March 16.

Also, feel free to leave your thoughts in the comment section below. (We will accept comments for as long as the internet survives.)

(Matthew Madia 02/26/09)

Comments

The cost/benefit approach

The cost/benefit approach currently being utilized by the Office of Information and Regulatory Affairs (OIRA) needs to be abandoned in favor of the precautionary approach for environmental regulations. The burden of proof should be shifted to the polluters and those who damage public resources through overuse/poor management. We should reinstitute the polluter pays philosophy in order to promote the 4 P concept (polluter pays precautionary principle) advocated by Dr. Robert Costanza (Univ. Vermont's Gund Institute). We need to focus on conserving the natural capital and ecosystem services that support public resources (from fish to forests). This effort would include promotion of natural/social "resilience" and "sustainability" as outlined by the Resilience Alliance website. We need to shift to a new paradigm for managing public resources and combatting environmental pollution/degradation. We need to be proactive rather than reactive. We need to replace the ecological risk assessment paradigm with "vulnerability analysis" and scenario approaches that acknowledge the reality of a world dominated by complex dynamic systems. The recent financial collapse caused by falling housing prices and mortgage foreclosures is due in part to equilibrium models of financial derivatives market which gave a false sense of security ( a point recently made by Warrren Buffet). Anyone with a rudimentary knowledge of dynamic complex system modelling would know that we can't predict the long term future impact of human activities on the environment with the use of equilbrium/steady state- based models. Complex dynamic system models predictions are very sense to the initial conditions which are poorly understood in many management/regulatory contexts. The other lesson that can be learned from this approach is that the pathway of environmental/financial collapse often differs radically from the recovery process because of "hysteresis" within the complex systems. Thus the recovery process reaches a new alternative state from that which existed prior to the perturbation. One needs to employ an adaptive management approach in which one takes an action; monitors the metrics for seeing whether the policy is working as proposed; and make mid-course changes if we are not moving towards the desired outcomes/goals. This approach is tied into the field of "ecological economics" which has been influenced by the work of Buzz Hollings (Univ. Florida), Herman Daly (Univ. Maryland), Charles Hall (SUNY- School of Forestry), Robert Costanza, etc. Traditional natural resources economic theory is responsible for much of our environmental damage that has occurred to environmental services and diminishment of natural capital/national wealth. Classical economic theory doesn't adequately incorporate the influence of non-market components (externalities) in the use of public resources and consequences of environmental pollution on the natural world/health of the less affluent members of our society. Thus we need to move towards a regulatory approach that considers the 4P concept, sustainability and environmental justice.

Post new comment

The content of this field is kept private and will not be shown publicly.
By submitting this form, you accept the Mollom privacy policy.