On Balance: Reflecting on the Longevity of Executive Order 12866 and Looking to the Future
September 2018 marks the 25th anniversary of Executive Order (EO) 12866, which requires U.S. federal agencies, “in deciding whether and how to regulate, [to] assess all costs and benefits of available regulatory alternatives, including the alternative of not regulating.” It further states that, “in choosing among alternative regulatory approaches, agencies should select those approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity), unless a statute requires another regulatory approach.”
Since it was signed on September 30, 1993, four different presidents with markedly diverse regulatory philosophies have relied on EO12866 to guide both the procedures and analytical practices for developing new regulations.
To commemorate the 25th anniversary of EO 12866, the Society for Benefit-Cost Analysis is co-sponsoring a forum with the George Washington University (GW) Regulatory Studies Center , the Section of Administrative Law and Regulatory Practice of the American Bar Association, and the Trachtenberg School of Public Policy & Public Administration at GW. The forum, to be held on the GW campus on the afternoon of September 24, will feature panels addressing the past, present, and future of EO 12866.