Laws, Rulemaking, and Regulations: An Overview of the Federal Regulatory Process

Last updated June 21, 2022

Author:

Justin McCarthy, Climate Policy Associate (justin@progressivecaucuscenter.org)

Introduction

Regulations are one of the most significant tools the federal government possesses to achieve public policy goals. Federal agencies issue and enforce regulations on topics as varied as public health and safety to consumer protection, business and banking practices, Internet privacy, and the environment. 

How regulations are actually developed, implemented, and enforced varies greatly among agencies and often can mean the difference between success and failure. For example, will the Occupational Health and Safety Administration’s (OSHA) forthcoming heat stress standard meaningfully protect workers from preventable illness and death, or will it rubberstamp the status quo? With regulations, the answer is often as much the process as the substantive details. In the best circumstances, regulations are grounded in the best available science and are the product of extensive public outreach. However, the political influence, technical language, and extended time periods often associated with rulemakings can make them challenging to understand and limit public participation. This is especially true in low-income, rural, and minority communities that have much to gain from well-designed regulations but whose members have historically been excluded from the process of their development. Moreover, cost-benefit analysis of proposed regulations, which elevates economic efficiency above all other objectives, can make it exceedingly difficult for agencies to justify regulations protecting values like the climate, employee rights, and public health.

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