About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

14 Tex. Tech. Admin. L.J. 401 (2012-2013)
Who Regulates the Regulator: Cost-Effectiveness Analysis in Texas State Agency Rulemaking

handle is hein.journals/ttalr14 and id is 423 raw text is: WHO REGULATES THE REGULATOR?: COST- EFFECTIVENESS ANALYSIS IN TEXAS STATE AGENCY RULEMAKING by Kathleen Hartnett White' and Josiah Neeley I. INTRODUCTION: REGULATORY IMPACT ANALYSIS......... ......401 II. COST-BENEFIT ANALYSIS UNDER CURRENT LAW............................403 III. ADVANTAGES OF COST-BENEFIT ANALYSIS ....................406 IV. SOME PROBLEMS .................................................407 A. Empirical Problems with Cost-Benefit Analysis......................... 407 1. Cherry Picking ........................ .......408 2. Linear No-Threshold Hypothesis .......... ......... 410 3. Co-Benefits .................................411 B. Normative Problems with Cost-Benefit Analysis........................413 1. Putting a Dollar Value on Human Life ................................ 413 2. Are All Lives Equal? ..................... ...... 416 V. SOME OPTIONS ........................................ .....417 VI. COST-BENEFIT ANALYSIS VS. COST-EFFECTIVENESS ANALYSIS .....419 VII. CONCLUSION ...................................................420 I. INTRODUCTION: REGULATORY IMPACT ANALYSIS Regulatory Impact Analysis (RIA) typically uses cost-benefit analysis, which examines the anticipated effects or outcomes of proposed regulation. As the name suggests, cost-benefit analysis involves a comparison of the expected costs of a proposed rule (including the administrative costs, enforcement costs, compliance costs to the regulatory entities and other indirect economic costs to the general public, and direct costs to regulated individuals) with the expected benefits (such as benefits to human health, the environment, the economy, etc.).' Agencies have long used various forms of RIA to assess the relative advantages or benefits of proposed regulation in comparison to the relative burdens and monetary costs of * Kathleen Hartnett White is the Distinguished Senior Fellow in Residence and Director of the Armstrong Center for Energy and the Environment at the Texas Public Policy Foundation. Prior to joining the Foundation, Ms. White was Chairman of the Texas Commission on Environmental Quality from 2001-2007. ** Josiah Neeley is a Policy Analyst with the Armstrong Center for Energy and the Environment at the Texas Public Policy Foundation. Mr. Neeley holds a BA from the University of Texas and a JD from Notre Dame Law School. 1. See discussion infra Part II. 401

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most