When it comes to the regulatory efforts of the new Administration, the naming of former University of Chicago law professor Cass Sunstein to head the Office of Information and Regulatory Affairs is a strong sign that the incoming president intends serious movement in the regulatory area. The question that has been raised, however, is what sort of movement would Sunstein seek?
From the general support of the libertarian/conservative folks at The Volokh Conspiracy to concerns raised by the Center for Progressive Reform, it is clear that Sunstein is not going to be a “regulate it all” liberal or a laissez-faire conservative. One of the more insightful pieces, authored by Richard Revesz and Michael Livermore, addresses the ways in which Sunstein’s view of cost-benefit analysis could lead to progressive, smart regulatory reform:
In his worldview, regulatory goals, like safety or environmental protection, are important, but they can be attained in more—or less—intelligent ways. The highest priority in a Sunstein OIRA will be achieving a balancing act of strong regulations that don’t break the bank.
As the review of the outgoing regulation (or de-regulation) attempts by the Bush Administration continues, and as the process of reviewing the regulatory system of the financial industry begins, all eyes will be on Sunstein as he takes over OIRA.
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Chris Geidner is the award-winning senior political writer at D.C.'s Metro Weekly and has written for The Atlantic Online, Advocate.com, Salon and other publications, as well as at his blog, Law Dork. In 2011, he received the Excellence in News Writing Award from the National Lesbian and Gay Journalists Association for his coverage of "Don't Ask, Don't Tell" repeal. Prior to moving to D.C. in 2009, he served as an attorney on the senior staff at the Ohio Attorney General's Office and had earlier worked for a leading Columbus law firm. An extended biography can be found