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The Quality and Use of Regulatory Analysis in 2008

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  • Jerry Ellig
  • Patrick A. McLaughlin

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.

Suggested Citation

  • Jerry Ellig & Patrick A. McLaughlin, 2012. "The Quality and Use of Regulatory Analysis in 2008," Risk Analysis, John Wiley & Sons, vol. 32(5), pages 855-880, May.
    • Handle: RePEc:wly:riskan:v:32:y:2012:i:5:p:855-880
    DOI: 10.1111/j.1539-6924.2011.01715.x
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    References listed on IDEAS

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    1. Revesz, Richard & Livermore, Michael, 2008. "Retaking Rationality: How Cost Benefit Analysis Can Better Protect the Environment and Our Health," OUP Catalogue, Oxford University Press, number 9780195368574.
    2. Winston Harrington & Richard D. Morgenstern & Peter Nelson, 2000. "On the accuracy of regulatory cost estimates," Journal of Policy Analysis and Management, John Wiley & Sons, Ltd., vol. 19(2), pages 297-322.
    3. Robert W. Hahn & Robert E. Litan, 2005. "Counting Regulatory Benefits and Costs: Lessons for the US and Europe," Journal of International Economic Law, Oxford University Press, vol. 8(2), pages 473-508, June.
    4. Patrick McLaughlin, 2011. "The consequences of midnight regulations and other surges in regulatory activity," Public Choice, Springer, vol. 147(3), pages 395-412, June.
    5. repec:reg:rpubli:299 is not listed on IDEAS
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    Cited by:

    1. Jerry Ellig & Patrick A. McLaughlin & John F. Morrall III, 2013. "Continuity, change, and priorities: The quality and use of regulatory analysis across US administrations," Regulation & Governance, John Wiley & Sons, vol. 7(2), pages 153-173, June.
    2. Ellig, Jerry, 2016. "Evaluating the Quality and Use of Regulatory Impact Analysis: The Mercatus Center’s Regulatory Report Card, 2008–2013," Working Papers 06878, George Mason University, Mercatus Center.
    3. Dustin Chambers & Patrick A. McLaughlin & Laura Stanley, 2019. "Barriers to prosperity: the harmful impact of entry regulations on income inequality," Public Choice, Springer, vol. 180(1), pages 165-190, July.
    4. Oliver Fritsch & Jonathan C. Kamkhaji & Claudio M. Radaelli, 2017. "Explaining the content of impact assessment in the United Kingdom: Learning across time, sectors, and departments," Regulation & Governance, John Wiley & Sons, vol. 11(4), pages 325-342, December.
    5. McLaughlin, Patrick & Stanley, Laura, 2016. "Regulation and Income Inequality: The Regressive Effects of Entry Regulations," Working Papers 05145, George Mason University, Mercatus Center.
    6. Broughel, James & Bose, Feler & Baugus, Brian, 2022. "A 50-State Review of Regulatory Procedures," Working Papers 10277, George Mason University, Mercatus Center.
    7. McLaughlin, Patrick & Febrizio, Mark & Sherouse, Oliver & King, Scott, 2020. "Is Dodd-Frank the Biggest Law Ever?," Working Papers 09585, George Mason University, Mercatus Center.
    8. Ellig, Jerry & Horney, Michael, 2016. "Preventing a Regulatory Train Wreck: Mandated Regulation and the Cautionary Tale of Positive Train Control," Working Papers 06865, George Mason University, Mercatus Center.
    9. Ellig, Jerry, 2016. "Improvements in SEC Economic Analysis since Business Roundtable: A Structured Assessment," Working Papers 07002, George Mason University, Mercatus Center.
    10. Jerry Ellig, 2021. "Coproduction of regulations under the administrative procedure act: How close is the US to a classical Liberal regulatory system?," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 34(3), pages 373-391, September.

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