Administrative Law Commons^™

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.