Designed to Fail – An inside Look at Why Regulatory Agencies Don’t Work

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How often have you sat in a public meeting with a government representative at the front of the room responding to questions from the public with answers that make no sense? Maybe his answers are legally accurate (that is, they are doing what is required by law), but are they following the spirit of the law in involving members of the public in the decision-making process? Rarely does government engage the public as an equally or even as a partner.

Have you ever wondered why it always seems to be this way? Have you ever asked why does the government do things the way it does? A fascinating look into what makes government tick was published today in Independent Science News. The article, “Designed to Fail: Why Regulating Agencies Don’t Work,” provides an insiders look into how government works, or more to the point, why it doesn’t work. The author, William Sanjour, retired in 2001 after spending 30 years at the U.S. Environmental Protection Agency (EPA), mostly working on its regulations. Sanjour provides unique insight and offers counter-intuitive advice. He tells us that most people think you need to “fill the regulatory agencies with honest people who won’t cave in to special interests. “Give them more money, more authority and more people.” Instead, he says that “concentrating all legislative, executive and judiciary authority in one regulatory agency just makes it easier for it to be corrupted by the industries it regulates.”

Sanjour goes on. “I’ve learned that the way to achieve true regulatory reform is to give regulatory agencies less money, less authority, fewer people but more intelligent regulations.” He points out that by dispersing regulatory authority, rather than concentrating it, it would make corruption more difficult and make it easier to write more sensible regulations.

Public interest comes and goes, he says. “The interest of Congress, the press, and the public can only be maintained for a few months or years. There are lots of other things going on. But there is one group whose interest never wanes or wavers. The life, the existence, the future of the regulated industry depends on the pressure it can exert on the regulatory agency. At least that’s what the special interests believe.”

Here’s what Sanjour believes needs to be done:

1) Agencies which enforce regulations should not write the regulations.
2) The revolving door should be shut.
3) Whistle blowers should be protected, encouraged and rewarded.
4) To the greatest extent feasible, those who the regulations are intended to protect should participate in writing and enforcing the regulations.

The full article is available on-line at http://independentsciencenews.org/health/designed-to-fail-why-regulatory-agencies-dont-work/

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