Journal of Environmental Law & Litigation : Vol. 26, no. 2 (Fall 2011)

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Journal of Environmental Law & Litigation : Vol. 26, No. 2, p. 351-366 : Beyond the Backlash: Using Performance-Based Regulations to Produce Results Through Innovation
(University of Oregon School of Law, 2011) Blumenauer, Earl
The discussion of regulatory reform should be a discussion of how the federal government does business. There is a tremendous opportunity to craft better programs to create more value for the public and regulated entities, and to demonstrate the capacity of the political process to solve problems and make improvements. This Article will examine the importance of a fresh approach to the federal regulatory process. Such an approach is important because regulation goes to the very core of governance. Regulation is how things are accomplished in the United States—how resources are allocated and activities are overseen. All the major domestic issues of the day—health, energy, infrastructure, climate, and finance—have significant regulatory components. Given the pervasive impact of regulation, the goal of regulatory reform should not just be to adopt a better approach to the regulatory process, but also to form a building block of trust and value-sharing that will promote better governance through a less toxic political atmosphere. At a time when the Obama administration and Congress have gone head-to-head over the executive confirmation process, government shutdowns, and the national debt, the stakes are high.