Preemption Response

Energy Federalism’s Aim

Response to Long Live The Federal Power Act’s Bright Line
Vol. 134 No. 4 The Federal Power Act (FPA) has endured for eighty-five years, in part because it does not embrace a single regulatory approach for the energy...
Administrative Law Article

Agency Coordination in Shared Regulatory Space

Vol. 125 No. 5 Interagency coordination is one of the great challenges of modern governance. This Article explains why lawmakers frequently assign overlapping and fragmented delegations that require agencies to “share regulatory space,” why these delegations are so pervasive and stubborn, and why consolidating or eliminating agency functions will not solve the problems these delegations create. Congress, the President, and agencies have a variety of tools at their disposal to manage coordination challenges effectively, including agency interaction requirements, formal interagency agreements, and joint policymaking. This Article also assesses the relative strengths and weaknesses of these coordination tools using the normative criteria of efficiency, effectiveness, and accountability, and it concludes that the benefits of coordination will frequently be substantial. To varying extents, these instruments can reduce regulatory costs for both government and the private sector, improve expertise, and ameliorate the risk of bureaucratic drift without compromising transparency.