2 Admin. L. Rev. Accord 1 (2016-2017)

handle is hein.journals/alrcod2 and id is 1 raw text is: 





    ADMINISTRATIVE LAW REVIEW ACCORD





    HOLDING TIGHT TO THE REIGNS IN

    HARNESSING INDUSTRY INFLUENCE:

                     A COMMENT ON

            PROFESSOR LAURENCE TAI


                       WENDY E. WAGNER*


                            INTRODUCTION

   What would our pollution control standards look like if industry were not
allowed to participate? In Hanessing Industy Influence, Laurence Tai argues
that we would be worse off because the standards might be designed in
ways that bypass creative and     publicly-preferable alternatives., Smart
regulations require the engagement of the regulated parties. Indeed, Tai
suggests that rather than simply allowing industry to comment before rules
are promulgated, industry should be active throughout the rulemaking
process without any    apparent limits to  regulators in  providing this
information.2
   Although staging a productive exchange between regulated parties and
agencies may not be as easy as Harnessing implies, Tai is clearly right on the
big point that there is likely a great deal of valuable information that
regulated parties could more easily produce to inform regulatory decisions,
and that this information will only be extracted with the right type of

       * Joe A. Worshamn Centennial Professor, University of Texas School of Law.
    1. Laurence Tai, HamnessitgIndust Inlence, 68 AOMIN L. REV. 1,4 6 (2016).
    2. Id. at 5 (Idnstry needs access to regulators in order to inform them, and the
ability to influence regulation through various activities constitutes a benefit that incentivizes
industry to generate costly information for and in these activities.'. Tai also suggests that
insulation strategies, such as those that attempt to limit the opportunities for industry input
outside of the comment process, should be supplanted instead with greater industry
information that is catalyzed by a biased, anti-industry starting point. Id. at 14 15.

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