Modernizing Regulatory Review
The Biden administration’s proposals to modernize the regulatory review process are the most important and impactful set of reforms to the regulatory process in decades. A strong and modern regulatory system will protect consumers, workers, public health, and the environment; empower members of marginalized communities; and enable swift action to address the climate crisis.
Notably, the Executive Order on Modernizing Regulatory Review (EO) issued on April 6, 2023, has several common themes that promote a modern regulatory system: first, the importance of broadening public participation, actively seeking out different perspectives to include in the regulatory process; second, considering the nonquantifiable benefits of rules; and third, taking seriously the distributional and equity impacts of rulemaking.
The Biden administration’s proposed update to Circular A-4 on regulatory analysis and the “Draft Guidance Implementing Section 2(e) of the Executive Order of April 6, 2023 (Modernizing Regulatory Review)” regarding EO 12866 meetings are critical changes that improve the process in many ways. These reforms will make the rulemaking process more efficient, inclusive, accessible, accountable, and effective at protecting the public. The reforms, also issued on April 6, 2023, as part of the administration’s regulatory modernization effort, were open to public comment.
Of course, there is always more to be done. The Coalition for Sensible Safeguards supports many aspects of this proposed update to Circular A-4 and draft guidance on EO 12866 meetings, and urges the implementation of additional changes that build on this framework as soon as possible.