May 13, 2014
Agency Oversight as “Whac-a-Mole”: The Challenge of Restricting Agency Use of Nonlegislative Rules
Stuart Shapiro
Contact us
To speak with a scholar or learn more on this topic, visit our contact page.This article looks at the wisdom of proposed reforms to reign in nonlegislative rulemaking, which allow regulatory agencies to make policy without the procedural protections associated with legislative rules. Agencies are likely to react to a restriction on one type of policymaking activity to move to even more difficult-to-monitor methods of setting policy that escape oversight. Imposing regulatory procedures is as likely to result in a game of “Whac-a-Mole,” with agencies changing policy instruments to avoid oversight, as it is to improve oversight.
Red Tape Reform is the Key to Building Again | The Hill
Adam Thierer