This Article highlights the role of capture in providing a normative foundation for regulatory review of administrative action, which at the federal level is conducted by the Office of Information and Regulatory Affairs (OIRA) within the White House Office of Management and Budget (OMB). It also...

Politics and regulation -- A threatening synthesis -- Staying in bounds -- A retreat from reason -- The illusion of costs without benefits -- Erasing public health science -- Resurrecting discredited models -- Ignoring indirect benefits -- Trivializing climate change -- Manipulating transfers --...

Many students of administrative law have pointed to the contemporary ossification of the administrative state, exemplified by the lengthy and contentious rule-making/litigation process and the lack of recent congressional initiative in the area of environmental, health, and safety regulation....

Under rules that have been in place since the early 1980s, most major new federal regulations must pass a cost-benefit test before they can be adopted. This essay argues that, as currently practiced, federal cost-benefit analysis often gives inadequate weight to the environmental benefits of...

With the increased politicization of agency rulemaking and the reduced cost of participating in the notice-and-comment rulemaking process, administrative agencies have, in recent years, found themselves deluged in a flood of public comments. In this Article, we argue that this deluge presents...

Presidents have long sought to roll back their predecessors’ regulatory policies. They have typically relied on efforts to repeal regulations and to withdraw unpublished or non-final regulations pursuant to “stop-work” orders directed at agency heads. President Trump is no exception. But...

This Article tackles a question that has vexed the administrative state for the last half century: how to seriously take account of the distributional consequences of regulation. The academic literature has largely accepted the view that distributional concerns should be moved out of the...