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Entrepreneurial Administration [Abstract]

August 2019

Citation: ELR 10799

Author: Philip J. Weiser

This Article explains that the conventional view of agency behavior—following the specific direction of the U.S. Congress or the president and using notice-and-comment rulemaking or adjudication processes—does not capture how public agencies and private entities develop innovative regulatory strategies and earn regulatory authority as a result. In particular, this Article explains how governmental agencies like the U.S. Environmental Protection Agency and private entities like the United States Green Building Council (which oversees the LEED standard) depend on entrepreneurial leadership to develop experimental regulatory strategies. It also explains how, in the wake of such experiments, legislative bodies have the opportunity to evaluate regulatory innovations in practice before deciding whether to embrace, revise, reject, or merely tolerate them. 

Philip J. Weiser is the Colorado Attorney General.

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