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The Regulatory Flexibility Act At 25: Is The Law Achieving Its Goal?, Keith W. Holman
The Regulatory Flexibility Act At 25: Is The Law Achieving Its Goal?, Keith W. Holman
Fordham Urban Law Journal
The Article traces the issue of lack of representation given small business during rule-making, and the inability of the original Regulatory Flexibility Act (RFA) to adequately address this issue. It argues that the amendment of the RFA by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA) has significantly increased small business awareness of and involvement in the regulatory process. It concludes there are several remaining weaknesses to the RFA, and recommends Congress take action to compel all agencies to follow specific procedures for assessing the economic impacts of their regulatory actions on small business.
Willful Blindness: Federal Agencies' Failure To Comply With The Regulatory Flexibility Act's Periodic Review Requirement-And Current Proposals To Invigorate The Act, Michael R. See
Fordham Urban Law Journal
The Article first explains the basic requirements of the Regulatory Flexibility Act, and in particular focuses on the periodic review requirement contained in Section 610. It traces the history of Presidential efforts through the promulgation of executive orders to delay the implementation of regulations and require agencies to consult with regulated industries. Reviewing agency action from 1997-2005 following Section 610 review, it found agencies are confused as to when review is necessary, and, though Section 610 is meant to decrease the regulatory burden on small business, agencies often increase the regulatory burden on small business. It concludes the key problem …