MIDNIGHT REGULATIONS AND REGULATORY REVIEW

Brito and De Rugy present updated evidence of the existence of the midnight regulation phenomenon, review the causes of the phenomenon and examine whether increased regulatory output is an effective strategy on the part of the outgoing administration. They discuss the variety of concerns raised by midnight regulations with a special focus on the lack of proper Office of Information and Regulatory Affairs oversight during the midnight period. Finally, they review several proposed solutions to the midnight regulations problem and puts forth their own suggestion to address the effects of midnight regulations on regulatory review.