Journal of Environmental Law & Litigation : Vol. 26, No. 2, p. 351-366 : Beyond the Backlash: Using Performance-Based Regulations to Produce Results Through Innovation
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Date
2011
Authors
Blumenauer, Earl
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
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.
Description
16 pages
Keywords
Citation
26 J. ENVTL. L. & LITIG. 351 (2011)