The Free State Foundation Views on CRE

Editor’s Note

The Free State Foundation is a nationally recognized think tank which focuses its activities on the communications and related high-tech industries. It is lead by Randolph May, a recognized expert in telecommunications law having served as the Assistant General Counsel of the FCC. The Free State Foundation and the Center for Regulatory Effectiveness share the common goals of working to ensure that federal regulations are economically sound, comply with existing statutes and promote free markets. To this end the Free State Foundation is a leader in conducting forums which analyze in detail proposed regulations and often meld the views of divergent parties into a workable solution to a pending regulatory issue. The Center for Regulatory Effectiveness is most appreciative of its review of the activities of our organization as noted in this post on its website which is reproduced below.

Saturday, September 28, 2024
                                Jim Tozzi and the Center for Regulatory Effectiveness

Over the past couple of years there’s been much change in administrative law, and much of it positive in my view. The Supreme Court’s adoption of the Major Questions Doctrine in West Virginia v. EPA, the overturning of the Chevron deference doctrine in Loper Bright Enterprises v. Raimondo, and the limitation on the SEC’s ability to seek civil penalties in SEC v. Jarkesy are examples of recent decisions reorienting administrative law to check overly aggressive administrative agencies.

Periodically I like to remind readers of the sometimes overlooked contributions of Jim Tozzi. Among other accomplishments, Jim played a leading role in the 1970s and 1980s as a senior official of the Office of Management and Budget in establishing centralized review of proposed regulations of the executive agencies and requiring cost-benefit analyses. These were early steps in the direction of formalizing processes intended to promote increased efficiency, effectiveness, transparency, and accountability in agency policymaking initiatives.

If you want to learn more about Jim Tozzi — one of the more interesting, but lesser known Washington legends  — and Jim’s contributions of the development of administrative law, along with his take on some current issues, I recommend a visit to his Center for Regulatory Effectiveness website. Or if you happen to encounter Jim, just ask him about the “early days” of regulatory reform and you’ll be in for a treat!

Posted by Randolph J. May

FSF EVENTS!

To view videos of FSF’s Sixteenth Annual Policy Conference, March 2024, at the National Press Club, click here here!

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