Energy Regulation a Delicate Balance Between Health and Economy
State Journal
State and federal politicians leveling phrases such as “job-killing,” “out-of-control” and “over-reaching” at federal agencies have prompted a complex debate on how to walk the line between over-taming business and letting industry run wild. Although regulations have the force of law, the details of those regulations are often not written or even passed by lawmakers. Writing laws giving that authority to regulatory bodies ensures those with the resources and technical ability to do so write the details lawmakers may not understand or have time to address. In addition to broad authority, regulators, who often are not elected or required to answer to a voting constituency, are given flexibility to change and adapt regulations within various parameters outlined by the legislation. “Such an approach recognizes that it is often much less efficient and less time-consuming to pass or amend a law than it is to change the course of regulation via agency rulemaking,” said Patrick McGinley, a professor of law at West Virginia University.
