Two of the Most Contentious Regulatory Initiatives in Recent History


Apart from the establishment of centralized regulatory review in OMB, which was an initiative with a near twenty year incubation period followed by other nationwide initiatives which resulted in the unfettered and widespread use of medical marijuana and related substances, there are two regulatory initiatives which rank as several of the most contentious in recent history.

The first regulatory initiative includes rulemakings associated with addressing climate change.  A key obstacle to addressing climate change is the compliance cost associated with the resultant program. In particular it is very difficult to convince one nation to employ a climate change program if other nations who are often its international competitors do not make a similar commitment.  Just recently the Center for Regulatory Effectiveness has expressed its views on this matter, see [to be announced by another publication]

The second regulatory initiative involves a program to deal with the misuse of the social media. To address the social media issue one has to reconcile two fundamental competing social priorities, the preservation of free speech with the preservation of personal privacy and dignity. This issue will be addressed in an American Bar Association sponsored teleconference on July 24.

Academics should continue to debate Chevron and practitioners should continue to dwell on filing comments on important Federal Register notices but the nation could also profit from their contribution to the two aforementioned regulatory initiatives.

The public may participate in the second regulatory initiative,  Regulation of the Social Media(?) , by posting their views in the comment section on each of the articles presented on this page.