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Day 7: The Regulatory Process
Daniel J. Mallinson
Political ScienceStockton University
Daniel.Mallinson@stockton.edu
POLS 3180
Mallinson Day 7 September 21, 2016 1 / 14
Road map
Understand our domain of study for the semester:The Regulatory Process (Part 2)
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Regulation
Translating law into practice
“... how public administrators balance individualfreedom and government control” (Kettl 372).
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Be the Regulator
1 For the purpose of establishing national primary andsecondary ambient air quality standards, theAdministrator shall within 30 days, publish, and shallfrom time to time thereafter revise, a list whichincludes each air pollutant–
A emissions of which, in his judgment, cause orcontribute to air pollution which may reasonably beanticipated to endanger public health or welfare;
B the presence of which in the ambient air results fromnumerous or diverse mobile or stationary sources; and
C for which air quality criteria had not been issued, butfor which he plans to issue air quality criteria underthis section.
Clean Air Act (42 U.S.C. §7408)
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Type: EconomicEnsure market competitionSets standards for a fair and quality marketSets entry and price controlsImplications for admins: Need to decide how far to goExamples?
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Type: EconomicEnsure market competitionSets standards for a fair and quality marketSets entry and price controlsImplications for admins: Need to decide how far to goExamples?
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Type: Social
Focused on quality of life
Often deals with negativeexternalities of market/socialbehavior
Implications for admins: Needto enforce strong,nonnegotiable standards
Examples?
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Type: Social
Focused on quality of life
Often deals with negativeexternalities of market/socialbehavior
Implications for admins: Needto enforce strong,nonnegotiable standards
Examples?
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Source of Authority
Constitution
Congress
“Regulation is grounded in law, but it’s shaped bypolitics” (Kettl 373)
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Statutory Mandates
Vague/Broad Language
“just and reasonable rates”
“eliminate unfair and deceptive practices”
“reasonably be anticipated to endanger”
Result?
Scientific Uncertainty
How much salt should you eat? (Whorisky 2015)
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Statutory Mandates
Vague/Broad Language
“just and reasonable rates”
“eliminate unfair and deceptive practices”
“reasonably be anticipated to endanger”
Result?
Scientific Uncertainty
How much salt should you eat? (Whorisky 2015)
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Resources
Cost-Benefit Analysis
Striving for certainty
Some costs and benefits cannot be quantifiedHow much is a human life worth (2011)?
EPA: $9.1 millionFDA: $7.9 millionDOT: $6 million
Risk Assessment
Perception of risk is just as important as statistical risk
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Resources
Cost-Benefit Analysis
Striving for certainty
Some costs and benefits cannot be quantifiedHow much is a human life worth (2011)?
EPA: $9.1 millionFDA: $7.9 millionDOT: $6 million
Risk Assessment
Perception of risk is just as important as statistical risk
Mallinson Day 7 September 21, 2016 9 / 14
Resources
Cost-Benefit Analysis
Striving for certainty
Some costs and benefits cannot be quantifiedHow much is a human life worth (2011)?
EPA: $9.1 millionFDA: $7.9 millionDOT: $6 million
Risk Assessment
Perception of risk is just as important as statistical risk
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Pressures
Politics
Time
Vague direction
Uncertainty
Result: shifts politics to administrators and the regulatoryprocess
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Process
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Procedure, Procedure, Procedure
Fair procedure is important
Often makes process less efficient
Courts more often than not review procedure, notsubstance of rulemakings when they are challenged
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Three Values of Regulatory Admin
1 Fair procedures
2 Correct decisions
3 Policy achievement
How are these in conflict and how can they cooperate?
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Three Values of Regulatory Admin
1 Fair procedures
2 Correct decisions
3 Policy achievement
How are these in conflict and how can they cooperate?
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E-GovernmentThe Internet
Opportunity for greater public involvement
Variation in success
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