The Article first explains the basic requirements of the Regulatory Flexibility Act, and in particular focuses on the periodic review requirement contained in Section 610. It traces the history of Presidential efforts through the promulgation of executive orders to delay the implementation of regulations and require agencies to consult with regulated industries. Reviewing agency action from 1997-2005 following Section 610 review, it found agencies are confused as to when review is necessary, and, though Section 610 is meant to decrease the regulatory burden on small business, agencies often increase the regulatory burden on small business. It concludes the key problem regarding Section 610 agency is the very low review rate, and provides several legislative resolutions meant to compel agency review and greater small business participation in regulatory decision-making.
Michael R. See,
Willful Blindness: Federal Agencies' Failure to Comply with the Regulatory Flexibility Act's Periodic Review Requirement-And Current Proposals to Invigorate the Act,
33 Fordham Urb. L.J. 1199
Available at: http://ir.lawnet.fordham.edu/ulj/vol33/iss4/10