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Update in Brief

A New Paradigm for Preventing Serious Injuries and Fatalities

The forest products industry, like others, has embraced a new paradigm to help prevent serious injuries and fatalities (SIFs) in the workplace. Safety professionals for many years acted under a paradigm based on the concept of the “Safety Triangle,” which assumed that if minor injuries at the…

The Paradigm Shift in the Cost-Benefit State: Requiring More Good Than Harm

The U.S. Environmental Protection Agency (EPA) took an historic step to advance the “cost-benefit state,” the paradigm in which “government regulation is increasingly assessed by asking whether the benefits of regulation justify the costs of regulation.”[1] EPA Administrator Andrew Wheeler…

Smarter Regulation: Doing More Good Than Harm

The U.S. Environmental Protection Agency (EPA) has just taken a groundbreaking step to advance the eminently reasonable principle required by every president for over 37 years: In developing regulations, regulators should consider important tradeoffs and select regulatory options that do more good…

Shining the Light on Regulatory Dark Matter: Due Process and Management for Agency Guidance Documents

While agency development and use of guidance documents can be a mind-numbing subject, it is very important. Guidance – the full spectrum of agency policy statements and interpretive rules, including agency memoranda, circulars, bulletins, frequently- asked questions and so forth – is a vast but…

Bringing Accountability to Regulation: Doing More Good than Harm

 If reasonable minds can agree that the goal of regulation is to enhance, not undermine, societal well-being, then the Regulatory Accountability Act (RAA), S. 951, can bring the most important statutory change to the regulatory process since the enactment of the Administrative Procedure Act…