agency performance

Regulatory Negotiations and Other Rulemaking Processes: Strengths and Weaknesses from an Industry Viewpoint

Volume: 
Vol. 46, No. 6, April 1997
Year: 
1997
Abstract: 

In this Article, I will describe some of American Petroleum Institute's experiences in recent EPA rulemaking processes, principally rulemakings conducted pursuant to the Clean Air Act. Then I will present my personal views on the advantages and disadvantages of reg negs compared with other rulemaking processes from the viewpoint of an industry trade association.

Author(s): 

Siegler , Ellen

Contact: 
Notes: 

Used for background for FERC relicensing rulemaking in 2002

Category: 

Assessing the Advocacy of Negotiated Rulemaking: A Response to Philip Harter

Volume: 
May 2001
Year: 
2001
Abstract: 

For many years, advocates of negotiated rulemaking have advanced enthusiastic claims about how negotiated rulemaking would reduce litigation and shorten the rulemaking process. In an earlier study, I tested these claims systematically by assessing the effectiveness of negotiated rulemaking against existing rulemaking processes. I found that negotiated rulemaking neither saves time nor reduces litigation. Recently, Philip Harter, a longtime advocate of negotiated rulemaking, has criticized my study and asserted that negotiated rulemaking has succeeded remarkably in achieving its goals. Harter criticized the way I measured the length of the rulemaking process, claimed that I failed to appreciate differences in litigation, and suggested that my results did not matter in any case since negotiated rulemaking has resulted in rules that are demonstrably better than rules developed through conventional regulatory practices. In this paper, I respond to Harter's continued defense of negotiated rulemaking, showing why none of his criticisms undercuts the findings of my original research. Harter disregarded basic standards for empirical research in the arguments he advanced to criticize the way I analyzed rulemaking duration and the incidence of litigation. Moreover, Harter has failed to provide any credible evidence to support his present claim that negotiated rulemaking has resulted in rules that are better than those developed through conventional processes. The absence of support for Harter's criticisms, like the absence of support for the claims made by other advocates of negotiated rulemaking over the years, serves only to underscore the conclusion of my original research that the promises made for negotiated rulemaking remain unfulfilled.

Author(s): 

Coglianese, Cary

Contact: 
Notes: 

Used for background for FERC relicensing rulemaking in 2002

Category: