Author Archives: Bridget C.E. Dooling

Wallach on Lessons from the REINS Act

by Bridget C.E. Dooling — Thursday, May 9, 2019@BridgetDooling

The REINS Act would have required Congress to approve all new “major” rules before they could go into effect. A significant re-ordering of the regulatory process, it was one of many regulatory reform bills that was introduced but not enacted in the 115th Congress. The REINS Act reflected aspects of a larger movement to strengthen the […]

Upcoming Hearing — From Beginning to End: An Examination of Agencies’ Early Public Engagement and Retrospective Review

by Bridget C.E. Dooling — Monday, May 6, 2019@BridgetDooling

Two former OIRA Administrators are testifying tomorrow morning in a hearing that might re-kindle regulatory reform efforts in Congress. As Chris Walker has covered on this blog, the 115th Congress had a flurry of regulatory reform activity, none of which was enacted. This is the first Senate hearing in the 116th to take up regulatory reform.* […]

Upcoming Event: Meet the Author with Dr. Rachel A. Potter

by Bridget C.E. Dooling — Tuesday, Apr. 30, 2019@BridgetDooling

In mid-May, the GW Regulatory Studies Center will host UVA Professor Rachel A. Potter to discuss her new book “Bending the Rules: Procedural Politicking in the Bureaucracy.” From the University of Chicago Press summary: “With Bending the Rules, Rachel Augustine Potter shows that rulemaking is not the rote administrative activity it is commonly imagined to be but […]

OMB’s “Major” Move on Regs & Guidance

by Bridget C.E. Dooling — Monday, Apr. 15, 2019@BridgetDooling

The Office of Management and Budget issued a memo on Thursday describing its new approach to its implementation of the Congressional Review Act (CRA). Under the CRA, the Office of Information and Regulatory Affairs (OIRA) is required to determine whether agency “rules” are “major.” In this memo, OMB calls for information about economic impacts to inform its […]

My Talk at “Regulatory Change & the Trump Administrative State”

by Bridget C.E. Dooling — Monday, Apr. 1, 2019@BridgetDooling

I’m following Professor Aaron Nielson’s (BYU) lead and sharing an abbreviated summary of my remarks from the recent & excellent day-long Yale Journal on Regulation conference on “Regulatory Change & the Trump Administrative State.” I was delighted to be part of the panel on “Changes in Administrative Law in the Executive Branch,” along with Professors […]

Ferrets Ahead? Trump’s Regulatory “Two-for-One” Litigation Moves on to (at least some measure of) Discovery

by Bridget C.E. Dooling — Saturday, Feb. 9, 2019@BridgetDooling

There was a big development in the litigation challenging Trump’s regulatory “two-for-one” executive order last night. As I blogged about earlier, Judge Moss previously dismissed the case for lack of standing on February 26, 2018. Plaintiffs requested the ability to amend their complaint in light of the opinion, which the government did not oppose. That second […]

Shutdown Irregularities

by Bridget C.E. Dooling — Monday, Jan. 28, 2019@BridgetDooling

The longest shutdown in the history of the federal government ended yesterday. It lasted 35 days. It was a partial shutdown, but its effects unfold for months, if not longer. While I was trolling around on various .gov websites (dear reader, do I need better hobbies? I think we both know the answer is “no”), […]

The Shutdown’s Evolving Effects on Rulemaking

by Bridget C.E. Dooling — Thursday, Jan. 17, 2019@BridgetDooling

I have a piece up in The Hill with some initial thoughts about 5 ways the partial federal shutdown is playing out in the rulemaking process. The punchline is that the longer key aspects of the federal regulatory process remain idle, the harder it will be for the president to make progress on his deregulatory goals. […]

SCOTUSblog Argument Preview: Azar v. Allina Health Services

by Bridget C.E. Dooling — Wednesday, Jan. 9, 2019@BridgetDooling

Over at SCOTUSblog, health law and admin law dynamos Abbe R. Gluck and Anne Joseph O’Connell joined forces to write a helpful argument preview for a case that will be argued at the Supreme Court next week. Azar v. Allina Health Services is both a Medicare case and an interpretive rule case; a complexity two-fer, if […]

Spotlight on HHS Entries in OIRA’s Latest Regulatory Reform Report

by Bridget C.E. Dooling — Friday, Nov. 30, 2018@BridgetDooling

Earlier this week I posted a new report over at the GW Regulatory Studies Center that sheds some light on the inner workings of this administration’s ongoing regulatory two-for-one initiative. As you might recall, Executive Order 13771 imposed new constraints on executive branch regulatory agencies, directing them to cut two rules for any new rule issued and to […]