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

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 a requirement that agencies use a cost-benefit analysis to choose the least burdensome path, transparency and public participation, coordination of regulations amongst agencies, flexibility, rules guided by objective scientific evidence, and perhaps most significantly, a review of existing regulations according to these principles.

While the principles may seem straightforward, their execution may be anything but. Every president since Jimmy Carter has made a similar promise to eliminate burdensome regulations, and many say that little has changed as a result. Under the Obama administration, can practitioners expect to see significant new rulemaking policies?

Join an esteemed panel that includes former staff of the White House Office of Information and Regulatory Affairs for a discussion of the practical consequences of the regulatory EO. They will describe the process that will be used, what environmental regulations and agencies are expected to receive greater scrutiny, and the role of Congress. The panel will also address legal questions about the EO’s authority, in relation to statutory law.

Panelists:

• Roger Martella, Partner, Sidley Austin LLP (moderator)
• Gary D. Bass, Executive Director, OMB Watch
• Susan Dudley, Director, Regulatory Studies Center, George Washington University
• Sally Katzen, Senior Advisor, Podesta Group