The Quality and Use of Regulatory Analysis in 2008

Jerry Ellig and Patrick A. McLaughlin

Risk Analysis, 2012, vol. 32, issue 5, 855-880

Abstract: This article assesses the quality and apparent use of regulatory analysis for economically significant regulations proposed by federal agencies in 2008. A nine‐member research team used a six‐point (0–5) scale to evaluate regulatory analyses according to criteria drawn from Executive Order 12866 and Office of Management and Budget Circular A‐4. Principal findings include: (1) the average quality of regulatory analysis, though not high, is somewhat better than previous regulatory scorecards have shown; (2) quality varies widely; (3) biggest strengths are accessibility and clarity; (4) biggest weaknesses are analysis of the systemic problem and retrospective analysis; (5) budget or “transfer” regulations usually receive low‐quality analysis; (6) a minority of the regulations contain evidence that the agency used the analysis in significant decisions; (7) quality of analysis is positively correlated with the apparent use of the analysis in regulatory decisions; and (8) greater diffusion of best practices could significantly improve the overall quality of regulatory analysis.

Date: 2012
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https://doi.org/10.1111/j.1539-6924.2011.01715.x

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Persistent link: https://EconPapers.repec.org/RePEc:wly:riskan:v:32:y:2012:i:5:p:855-880

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