Leftover Issues from last week: • Does an agency’s decision to rely upon rulemaking vs. case-by-case adjudication give an advantage to some groups over others? • Hypothetical: BLM decision to reclassify federally owned land to allow more development. • Must interest groups accept the procedural choices agencies make as they translate statutory mandates into specific rules or decisions, or can interest groups influence procedural choices? • Should policy formation task forces like the Clinton Health Care Task Force and the Cheney Energy Task Force be required to open their meetings and decisions to public scrutiny? Why or why not?
Agencies as Law Enforcers: • Once the statutory and regulatory commands are in place, how do agencies enforce them? • How are violations of rules detected? • What might agencies do in response to violations? • What sorts of sanctions might agencies impose in response to violations? • What is the process by which these sanctions are imposed? • What sorts of enforcement approaches work best, in your view? What is the ultimate goal of regulatory agency enforcement?
Agencies as Law Enforcers: • What do you think of the EU’s “voluntary agreement” with the PVC industry? • What purposes do voluntary agreements serve? • Why might regulators prefer them over regulations? • Why might regulated industry prefer them? • Are they a good idea, in your view? • 4. If you were in charge of a regulatory agency whose mission is to prevent/minimize company activity that could harm the public (as, e.g., at the SEC, EPA, FTC, etc.), what mix of enforcement tools would you use to accomplish your agency’s mission?