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The (Not So) New Executive Order on Regulatory Review, and What to Expect

June 2011

Citation: 41 ELR 10505

Issue: 6

Author: Roger Martella (moderator), Michael L. Goo, Susan Dudley, Sally Katzen, and Gary D. Bass

President Obama signed an Executive Order on January 18, 2011, requiring federal agencies to design cost-effective, evidence-based regulations that are compatible with economic growth, job creation, and competitiveness. The guiding principles include analysis of costs and benefits, transparency, public participation, coordination of regulations among agencies, flexibility, and reliance on objective scientific evidence. Perhaps most significantly, the EO requires a review of existing regulations according to these principles. While the principles may seem straightforward, their execution may be anything but. On March 29, 2011, ELI brought together an esteemed panel to discuss the practical consequences of the regulatory EO. They described the process that will be used, what environmental regulations and agencies were expected to receive greater scrutiny, and the role of Congress.

Roger Martella is a Partner, Sidley Austin LLP. Gary Bass is Executive Director, OMB Watch. Susan Dudley is Director, Regulatory Studies Center, George Washington University. Michael L. Goo is Associate Administrator, Office of Policy, U.S. EPA. Sally Katzen is Senior Advisor, Podesta Group, and Visiting Scholar, NYU Law School.

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