Document Type

Article

Publication Date

2023

Abstract

Executive Order 14,094 ("the Order"), signed by President Biden in April, 2023, breaks ground to make regulatory decisionmaking more equitable and inclusive, continuing a theme the Biden Presidency began with Executive Order 13,985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. Agencies must, of course, hear from those who are regulated, but genuinely equitable decisionmaking also requires agencies to hear and engage the concerns of affected individuals and communities, including underserved communities. This recognizes that many Americans have a distinct and substantial interest in the benefits promised by legislatively created regulatory programs, whether those include safe food supply, clean air and drinking water, safe and effective drugs, or safe workplaces. The Order accordingly contains several requirements aimed at making agency engagement with the public, including regulatory beneficiaries, more inclusive and equitable. As with all the regulatory review executive orders, however, whether Executive Order 14,094 actually results in meaningful progress towards these goals will depend on agency commitment and capacity and that of the Office of Management and Budget's Office oflnformation and Regulatory Analysis (OIRA) as it guides and monitors the agencies.

Comments

2023, Published in Administrative & Regulatory Law News, Vol. 48, No. 3, Spring 2023, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.


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