Abstract

http://ssrn.com/abstract=2327554
 


 



Cost-Benefit Analysis and Agency Independence


Michael A. Livermore


University of Virginia School of Law

September 1, 2013

University of Chicago Law Review, Forthcoming
Virginia Law and Economics Research Paper No. 2013-09

Abstract:     
The presidential mandate that agency rulemakings be subjected to cost-benefit analysis and regulatory review is one of the most controversial developments in administrative law over the past several decades. There is a prevailing view that the role of cost-benefit analysis in the executive branch is to help facilitate control of agencies by the Office of Information and Regulatory Affairs (OIRA). This Article challenges that view, arguing that cost-benefit analysis in fact helps preserve agency autonomy in the face of oversight. This effect stems from the constraints imposed on reviewers by the regularization of cost-benefit analysis methodology and the fact that agencies have played a major role in shaping that methodology. The autonomy-preserving effect of cost-benefit analysis has been largely ignored in debates over the institution of regulatory review. Ultimately, cost-benefit analysis has ambiguous effects on agency independence, simultaneously preserving, informing, and constraining agency power.

Number of Pages in PDF File: 62

Keywords: cost-benefit analysis, regulatory review, OIRA, EPA, regulation, unitary executive

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Date posted: September 20, 2013  

Suggested Citation

Livermore, Michael A., Cost-Benefit Analysis and Agency Independence (September 1, 2013). University of Chicago Law Review, Forthcoming; Virginia Law and Economics Research Paper No. 2013-09. Available at SSRN: http://ssrn.com/abstract=2327554

Contact Information

Michael A. Livermore (Contact Author)
University of Virginia School of Law ( email )
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