Your daily source for regulatory news, analysis, and opinion

All Posts by Peter L. Strauss

A Price of Greater Executive Discretion

Feb 9, 2016 Opinion

Scholar responds to RegBlog's recent executive discretion series by highlighting transparency concerns.

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We Decline to Define ‘Reasonably Available’

Jan 26, 2015 Opinion

The new amendment to incorporation by reference rules leaves important issues unaddressed.

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One Step Forward, Two Steps Back

Oct 15, 2013 Opinion

Encouraging progress in public access to industry standards is counterbalanced by a governmental "disappointment."

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Members of Congress Need Not Send to Ask For Whom the Bell Tolls

Jan 3, 2013 Opinion

Congress must not forget its role in setting regulatory policy.

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A Confluence of Concerns with the Accumulation of Regulatory Regimens

Apr 9, 2012 Opinion

Requiring agencies to consider the cumulative costs of their regulation has its own cumulative costs.

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Agencies Should Pay For Any Copyrighted Materials They Incorporate by Reference

Dec 1, 2011 Opinion

Incorporated materials may be difficult to obtain, so agencies must make them available at their own expense.

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“Deference” is Too Confusing – Let’s Call Them “Chevron Space” and “Skidmore Weight”

Oct 31, 2011 Opinion

Distinct concepts clarify judicial review of U.S. agency decision making.