The Reagan administration's desire to stimulate the national economy has resulted in a fundamental change in our federal regulatory scheme. By executive order No. 12,291, the regulatory process has been brought under the scrutiny and control of the President in order to insure the pursuit of rational economic objectives. This recent executive decree represents the latest attempt to meet the challenge of a decade long attack on federal regulation. The author critically examines the scope of this order while prospectively analyzing the attendant problems this particular type of reform will encounter. Mr. Bliss ultimately suggests the Reagan administration's approach to agency regulation may cause purely economic factors to be weighed above other social concerns. This writing also presents a comprehensive discussion of other proposed reforms, including both the congressional veto and expanded judicial review. The author concludes by offering a novel approach to regulatory reform that would evenly balance both economic and social interests while establishing a regulatory scheme that would be administered in the most efficient and least burdensome way.
Donald T. Bliss
Regulatory Reform: Toward More Balanced and Flexible Federal Agency Regulation,
8 Pepp. L. Rev.
Available at: http://digitalcommons.pepperdine.edu/plr/vol8/iss3/1