Home
/
RELIGION & LIBERTY ONLINE
/
Even the Federal Government Doesn’t Know If Their Regulations Are Effective
Even the Federal Government Doesn’t Know If Their Regulations Are Effective
Oct 22, 2026 7:25 PM

Of all the executive orders issued by President Obama, one of the most important is one most people never knew existed: Executive Order 13563 – Improving Regulation and Regulatory Review .

In the order, the president requires federal agencies to perform a “retrospective analysis” of existing regulations to evaluate their efficiency and effectiveness:

(a) To facilitate the periodic review of existing significant regulations, agencies shall consider how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned. Such retrospective analyses, including supporting data, should be released online whenever possible.

(b) Within 120 days of the date of this order, each agency shall develop and submit to the Office of Information and Regulatory Affairs a preliminary plan, consistent with law and its resources and regulatory priorities, under which the agency will periodically review its existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency’s regulatory program more effective or less burdensome in achieving the regulatory objectives.

This executive order was issued four years ago—in January 2011. So how is that evaluation process going?

In 2014, the George Washington University Regulatory Studies Center launched a yearlong effort to evaluate high priority proposed rules to “determine whether it was designed in a manner that would make its es measurable ex post.” Unfortunately, their findings are not at all surprising:

While monly use prospective evaluation to estimate what the effects of their regulations will be (typically in the form of a benefit-cost analysis), they do not typically use this analysis to measure the effects of their rules after implementation, or to design their rules to aid retrospective review.

In other words, the agencies claim that regulations will have all sorts of benefits to the public—yet they rarely explain how those benefits will be measured or whether they will be considered at all.

In fact, as the study found, the regulations often don’t even address the problems they are supposed to fix:

[W]hile many agencies successfully identified a problem that their regulation was intended to address, in many cases the problem identified was not related to the rules the agency proposed. For example, in many of DOE’s proposed energy efficiency standards, the department identifies inadequate or asymmetric information about potential energy savings as the problem to be addressed.

However, the standards themselves do not address information provision in any way; instead, these rules ban products from the marketplace. In such cases, either DOE has identified the wrong problem, or DOE’s problem is not addressed by its standards. Both cases are worrying, and impede the purposes of retrospective review by disconnecting the actual effects of a rule from its intended (or stated) purpose.

The same issue arose in the evaluation of an EPA rule establishing greenhouse gas (GHG) emission standards for new power plants. The problem that EPA identified was the threat GHG emissions pose to the American public’s health and welfare when they contribute to climate change. However, EPA’s analysis assumes that no additional coal-fired power plants will be built, in which case the rule poses no costs and no benefits to the public.

This assumption presents some difficulty for evaluating the success of EPA’s rule, and contradicts some of the es that EPA states will result from its standards. For example, if this assumption is correct, then the rule will not result in any reduction in CO2 emissions from coal-fired or natural gas-fired power plants. This is problematic because the entire reason EPA proposed the rule was to address these stationary source emissions, and if market factors are already addressing these emissions satisfactorily, there is no remaining problem for this standard to address.

This would be a problem even if federal regulations didn’t impose any costs on society. But they do—and the cost are enormous. The officially reported regulatory costs as reported by the Office of Management and Budget (OMB) total up to $128.7 billion. However, the real costs of regulation is impossible to know since, as the Nobel-winning economist James Buchanan has said, “Cost cannot be measured by someone other than the decision-maker because there is no way that subjective experience can be directly observed.”

Determining the good from the bad in regulation is not just a duty of good governance but also a moral obligation. We aren’t merely wasting money on bad regulations, we are wasting resources that could be used to improve the lives of all citizens. And that’s too high a price to pay.

(Via: The Week)

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
A Win-Win Solution: The Empirical Evidence on School Choice
A new report by Greg Forster of the Friedman Foundation finds that of all the “gold standard” research on children who utilize school vouchers, 11 of 12 studies conclude all or some of those students achieve better educational es. No study found choice participants were worse off than those remaining in traditional public schools: The evidence points clearly in one direction. Opponents frequently claim school choice does not benefit participants, hurts public schools, costs taxpayers, facilitates segregation, and even undermines...
What Christians Should Know About Bitcoin (Part 3 of 3)
[Note: This is the third entry in a three part series. You can read the introductory posthereand part two here.] The Disadvantages of Bitcoin For people who are not obsessed with anonymity and are not waiting for the U.S. to return to the gold standard, the reasons for avoiding entering the Bitcoin market are numerous: 1. Convertibility – Whereas other currencies are convertible into other financial instruments (dollars to checks to certificates of deposit, etc.) and through numerous third-party services...
Bitcoin as ‘Super Fiat’ Currency
Joe has done us all a real service in putting together his three part (1, 2, 3) primer on Bitcoin (full PDF here). I am curious, though, what the justification is for referring to Bitcoin as a modity” currency. Consider this from Izabella Kaminska at the FT Alphaville blog: For those who insist that the term “fiat” refers exclusively to government-issued fiat currency, it’s perhaps better to interpret our use in the evolutionary sense. Meaning that Bitcoin (and other virtual...
Hipsters and Elitists versus Chain Stores
New York City’s hipster and elitist class seem to believe that they should have some role in determining what business owners do with their property. Like hipsters and elitists around the country, New York’s cohort are banding together to panies that do not present the utopian vision for the neighbors where these elites dwell (most of whom are renters, by the way). There is much buzz in New York City right now because more and more national chains are setting...
Hostility Against Religion: It’s a Rising Tide
The Pew Forum on Religion & Public Life has been studying the steady rise of hostility towards religious expression and religious liberty worldwide. In fact, they found that restrictions on religion rose in every major area of the world, including the United States, since the study began in 2009. Citing what the Pew Forum calls “social hostilities” (as opposed to government hostilities), the study found that Pakistan, India and Iraq were the most hostile countries to religious freedom. The Social...
Review: Fr. McCloskey on ‘Becoming Europe’
Fr C. John McCloskey, a Church historian and research fellow at the Faith and Reason Institute in Washington, recently reviewed Samuel Gregg’s ing Europe: Economic Decline, Culture, and How America Can Avoid a European Future. He says: Samuel Gregg, director of research at the Acton Institute in Grand Rapids, Mich., has written a very timely book, given the concerning state of our economy and, more importantly, our ever-declining moral life. … ing Europe opens with an account of the human...
Acton University’s Featured Speakers Announced
Acton University is just two months away and we’ve just confirmed our featured lecturers for the big event. Check out their bios below. The four featured speakers are: Rev. Robert Sirico He is president and co-founder of the Acton Institute. Fr. Sirico serves on the staff of Sacred Heart of Jesus parish in Grand Rapids, Michigan. His writings on religious, political, economic, and social matters are published in a variety of journals, including: theNew York Times, theWall Street Journal,Forbes, theLondon...
Do We Want Prices to Fool Us?
J.C. Penney recently gave up on last year’s strategy to abandon sales and coupons in favor of “everyday low pricing.” As an article in the New York Times points out, “simplifying pricing, it turns out, is not that simple”: “It may be a decent deal to buy that item for $5,” said Ms. Fobes, who runs Penny Pinchin’ Mom, a blog about couponing strategies. “But for someone like me, who’s always looking for a sale or a coupon — seeing...
School Vouchers Increase College Attendance for Black Students
New research suggests that school vouchers have a greater impact on whether black students attend college than small class sizes or effective teachers: Matthew M. Chingos of the Brookings Institution and Paul E. Peterson, director of Harvard’s program on education policy and governance, tracked college enrollment information for students who participated in the School Choice Scholarship program, which began in 1997. They were able to get college enrollment information on 2,637 of the 2,666 students in the original cohort. The...
Think (and Read) before You Blog: A Response to Michael Sean Winters
Over at the National Catholic Reporter, Michael Sean Winters makes ments about my book ing Europe based on a review he had read by Fr. C.J. McCloskey. Here are the most pertinent of his observations: I know that American exceptionalism lives on both the left and the right, but when did the right e so Europhobic? And why? National Catholic Register has a review of a new book by the Acton Institute’s Samuel Gregg entitled ing Europe: Economic Decline, Culture,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved