November 2022 · National edition

The Nation

A Clearer Reading of Federal Agency Rulemaking

A The Nation desk reading of federal agency rulemaking, filed 2022-11.

From the file. Written for the paper dated November 2022. Opened in the public stacks July 14, 2026.

As federal agencies continue to shape the landscape of American life through their rulemaking, a disturbing trend is emerging: a significant lack of oversight that is raising questions about accountability and transparency.

This map represent the data of the 2020 election in the state of Pennsylvania by the lines of Catholic Dioceses.
This map represent the data of the 2020 election in the state of Pennsylvania by the lines of Catholic Dioceses. Photo: CharlottesMaps via Wikimedia Commons (CC BY-SA 4.0)

The Role of Federal Agencies

Federal agencies wield considerable power in the regulatory framework of the United States. From the Environmental Protection Agency (EPA) to the Federal Communications Commission (FCC), these organizations are tasked with creating rules that protect public health, ensure fair markets, and safeguard civil rights. However, their authority is often exercised with minimal scrutiny from Congress or the public, leading to a disconnect between agency actions and the expectations of the citizens they serve.

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A Culture of Secrecy

One of the most concerning aspects of federal agency rulemaking is the culture of secrecy that surrounds it. Agencies frequently operate behind closed doors, crafting regulations without sufficient public input or debate. This lack of transparency fosters an environment ripe for excessive regulation that may not reflect the will of the people. Critics argue that the complexity of the rulemaking process often leaves the average citizen out of the loop, effectively silencing voices that should be part of the conversation.

Tear Gas outside United States Capitol
Tear Gas outside United States Capitol. Photo: Tyler Merbler from USA via Wikimedia Commons (CC BY 2.0)
"The rulemaking process is often shrouded in mystery, leaving citizens wondering who is really pulling the strings."

Political Polarization and Its Impact

The current political climate only exacerbates the issues surrounding federal agency rulemaking. Both sides of the aisle have engaged in excessive rhetoric, which can obscure the real problems at hand. On one end, the left often pushes for expansive regulations that can stifle innovation and entrepreneurship. On the other, the right tends to advocate for deregulation, sometimes to the detriment of public health and safety. This tug-of-war creates a pendulum effect that can lead to erratic and inconsistent rulemaking.

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Moreover, both extremes seem to overlook the importance of bipartisan collaboration in crafting regulations that are both effective and fair. Instead of working together to find common ground, partisan squabbles often result in rules that may benefit special interests rather than the general public.

The Consequences of Inadequate Oversight

When oversight is lacking, the consequences can be dire. Regulations may be implemented that have unintended effects, harming those they are meant to protect. For instance, in the rush to regulate certain industries, agencies can inadvertently create barriers to entry that hurt small businesses while benefiting larger corporations. This can stifle competition and innovation, ultimately leading to a less dynamic economy.

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Additionally, the failure to adequately assess the impact of regulations can result in rules that are not just ineffective but also counterproductive. For instance, overly stringent environmental regulations may push companies to relocate operations overseas, resulting in job losses in the U.S. without significantly improving environmental outcomes.

Calls for Reform

In light of these challenges, there are growing calls for reform in the federal rulemaking process. Advocates for greater oversight argue that transparency measures, such as public comment periods and open hearings, should be mandatory for all agency rulemaking. Such reforms would not only empower citizens but also compel agencies to consider the broader implications of their rules.

Moreover, establishing an independent review board to assess the potential impact of proposed regulations could provide a necessary check on agency power. This body could help ensure that rules are crafted based on sound evidence and public input, rather than political expediency.

Conclusion

The quiet failure of oversight in federal agency rulemaking is a pressing issue that requires immediate attention. Both the left and the right must recognize the detrimental effects of their excesses and work towards a more collaborative approach that serves the public interest. Only through increased transparency and accountability can we hope to foster a regulatory environment that is both effective and equitable for all Americans.

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