Full Title: Why the REINS Act’s Approach to Regulatory Reform Is So Problematic
Author(s): Jessie Arnell, Max Sarinsky, and Jason A. Schwartz
Publisher(s): Institute for Policy Integrity - New York University School of Law
Publication Date: April 1, 2025
Full Text: Download Resource
Description (excerpt):
The Regulations from the Executive in Need of Scrutiny (REINS) Act, recently reintroduced in Congress, poses significant threats to the federal regulatory process. This new analysis, originally published in Just Security on March 28, outlines the Act’s problematic approach to regulatory oversight and its potential to obstruct critical public protections.
If enacted, the REINS Act would require congressional approval for major regulatory actions before they can take effect. This fundamental change to the regulatory framework would undermine the ability of agencies to respond efficiently to pressing environmental, health, and safety concerns. As the analysis notes, the Act would likely lead to gridlock—delaying or preventing the implementation of essential protections. The Senate version of the bill contains numerous additional provisions—including, most troublingly, one that would sunset each major rule unless authorized by Congress within ten years. This provision would wreak havoc on the regulatory landscape and is very similar to the legislative veto that was deemed unconstitutional.
The REINS Act’s approach runs counter to decades of administrative law principles that ensure agencies—staffed with subject-matter experts—can develop and implement rules based on scientific and economic evidence. By wrestling decision-making power away from expert agencies, the Act could inject even more political considerations into what should be expert-driven regulatory processes.