Policy | Cary Coglianese

A sought-after facilitator, advisor, and leader, Cary Coglianese has been active in a variety of regulatory policy outreach efforts. Many of these efforts have produced reports or other policy documents that he drafted or has taken a leadership role in their preparation.

Administrative Conference of the United States

Reports Prepared for ACUS

Disclosure of Agency Legal Materials, (2023) (with Bernard W. Bell, Michael Herz, Margaret B. Kwoka, and Orly Lobel)
- Led to Admin. Conf. of the U.S., Recommendation 2023-1, Proactive Disclosure of Agency Legal Materials, 88 Fed. Reg. 42,678 (July 3, 2023)
A Framework for Governmental Use of Machine Learning (2020)
- Led to Admin. Conf. of the U.S., Statement #20, Agency Use of Artificial Intelligence, 86 Fed. Reg. 6616 (Jan. 22, 2021)
Public Availability of Inoperative Agency Guidance Documents (2021) (report written by Todd Rubin, in consultation with Cary Coglianese)
- Led to Admin. Conf. of the U.S., Recommendation 2021-7, Public Availability of Inoperative Agency Guidance Documents, 87 Fed. Reg. 1718 (Jan. 12, 2022)
Public Availability of Agency Guidance Documents (2019)
- Led to Admin. Conf. of the U.S., Recommendation 2019-3, Public Availability of Agency Guidance Documents, 84 Fed. Reg. 38931 (Aug. 8, 2019)
Federal Agency Use of Electronic Media in the Rulemaking Process (2011)
- Led to Admin. Conf. of the U.S., Recommendation 2011-8, Agency Innovations in e-Rulemaking, 77 Fed. Reg. 2264 (Jan. 17, 2012)

ACUS Recommendations Developed as Chair, Rulemaking Committee

Admin. Conf. of the U.S., Recommendation 2022-1, Contractors in Rulemaking, 87 FR 39798 (July 5, 2022)
Admin. Conf. of the U.S., Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments, 86 Fed. Reg. 36,075 (July 8, 2021)
Admin. Conf. of the U.S., Recommendation 2018-7, Public Engagement in Rulemaking, 84 Fed. Reg. 2146 (Feb. 6, 2019)
Admin. Conf. of the U.S., Recommendation 2017-6, Learning from Regulatory Experience, 82 Fed. Reg. 61,728 (Dec. 29, 2017)
Admin. Conf. of the U.S., Recommendation 2017-2, Negotiated Rulemaking and Other Options for Public Engagement, 82 Fed. Reg. 31,040 (July 5, 2017)
(abstained from voting on this recommendation)

American Bar Association Administrative Law and Regulatory Policy Section

Improving the Administrative Process: A Report to the President-Elect of the United States (2008) (committee report)
Achieving the Potential: The Future of Federal e -Rulemaking (A Report to Congress and the President from the Committee on the Status and Future of Federal e-Rulemaking) (2008) (committee report written by Cynthia Farina
Unifying Rule-Making Information: Recommendations for the New Federal Docket Management System (with Stuart Shapiro and Steven J. Balla) (public comments endorsed by separate letter of the ABA Administrative Law and Regulatory Policy Section) (2004)

National Academies of Sciences, Engineering, and Medicine

Organization of Economic Cooperation and Development

“Measuring Regulatory Performance: Evaluating the Performance of Regulation and Regulatory Policy,” Report to the Organization for Economic Cooperation andDevelopment (2011)
“Management-Based Regulation: Implications for Public Policy,” Organization for Economic Co-operation and Development Report No. GOV/PGC/REG(2008)5 (2008)

Public Comments

Comment on Proposed Rule on Upholding Civil Service Protections and Merit System Principles, Docket No. OPM–2023–0013 (Nov. 17, 2023)
Peer Review Comments on on the Proposed Updates to OMB Circular A-4 (July 24, 2023) (submitted as a member of an independent, national peer review panel)
“Solving the Congressional Review Act’s Conundrum,” Comment Submitted on SEC Proposed Rule on Disclosure of Payments by Resource Extraction Issuers, File Number S7–24–19 (March 16, 2020)
Public Interest Comment on the Office of Management and Budget’s 2014 Draft Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local and Tribal Entities, Docket No. OMB-2014-002 (Sept. 2, 2014) (with Christopher Carrigan and Adam Finkel)
Comment on Incorporation by Reference Submitted to the Office of the Federal Register, Docket No. NARA-12-0002 (May 30, 2012)
Comments on the Federal Docket Management System, filed with the Office of Electronic Government and Information Technology and the Office of Information and Regulatory Affairs, Office of Management and Budget,
November 11, 2004 (with Stuart Shapiro and Steven Balla) (filed on behalf of 58 legal scholars and social scientists and endorsed by the Section of Administrative Law and Regulatory Practice of the American Bar Association, November 16, 2004)

Reports and Other Outreach

Principled Governance of Shale Resources (2018) (staff report of Aspen Institute’s Aspen Dialogue on Energy Governance, 2016-2017)
Listening, Learning, and Leading: A Framework for Regulatory Excellence, Final Report of the Best-in-Class Regulator Initiative, Penn Program on Regulation (October 2015)
OMB Watch, Transparency and Public Participation in the Rulemaking Process: A Nonpartisan Presidential Task Force Report (2008) (chaired task force, report written with Heather Kilmartin and Evan Mendelson)
“State and Federal Performance-Based Environmental Programs: Assessing Goals, Activities, Communication, and Data Collection,” report prepared for the U.S. Environmental Protection Agency (2008) (with Jonathan Borck and Jennifer Nash)
“Evaluating the Social Effects of Performance-Based Environmental Programs,” report prepared for the U.S. Environmental Protection Agency (2008) (with Jonathan Borck and Jennifer Nash)
“Beyond Compliance: Business Decision Making and the US EPA’s Performance Track Program,” Regulatory Policy Program Report No. RPP-10 (2006) (with Jennifer Nash)
“E-Rulemaking in the 21st Century: Issues and Themes from a Congressional Symposium,” prepared for the Committee on the Judiciary, U.S. House of Representatives (2006)
Reform Initiatives Advisory Committee Report, Commonwealth of Massachusetts Public Employee Retirement Administration Commission (2005) (staff report)
Amicus curiae brief filed with the Supreme Court of the United States in Browner v. American Trucking Associations, Inc., No. 99-1257, September 11, 2000 (with Gary Marchant)

Reviews and Evaluations

Peer Reviewer, National Panel on Proposed Updates to OMB Circular A-4 on Regulatory Analysis (2023)
Invited Reviewer, Office of Management and Budget, Draft 2013 Report to Congress on the Benefits and Costs of Federal Regulations and Unfunded Mandates on State, Local, and Tribal Entities (2013)
“Environment Canada’s World Class Regulator Project: An Assessment,” Report to Environment Canada (2012)
Evaluator, Ford Foundation’s Innovations in American Government Program (from 1995 to 1997, prepared evaluations of the U.S. EPA’s 33/50 Program, the State of Florida’s Ecosystem Management Initiative, and the Department of Defense’s Ozone Depleting Chemical Elimination Program)

Testimony

Hearing on “Review of the National Academy of Sciences Report ‘The Coast Guard’s Next Decade: An Assessment of Emerging Challenges and Statutory Needs,’” U.S. House Subcommittee on Coast Guard and Maritime Transportation, 2023
Joint Meeting of the Technical Pipeline Safety Standards Committee and the Technical Hazardous Liquid Pipeline Safety Standards Committee of the Pipeline and Hazardous Materials Safety Administration, 2019
Hearing on Philadelphia Energy Solutions Refinery, City of Philadelphia Refinery Advisory Group Environment Committee, 2019
Hearing on “Reviewing Independent Agency Rulemaking,” U.S. Senate Committee on Homeland Security and Government Affairs Subcommittee on Regulatory Affairs and Federal Management, 2016
Hearing on “Justice Denied: Rules Delayed on Auto Safety and Mental Health,” United States Senate Committee on the Judiciary’s Subcommittee on Oversight, Federal Rights, and Agency Action, 2013
Meeting of President’s Council on Jobs and Competitiveness Working Group on Regulation, 2011
Hearing on “The Role of Science in Regulatory Reform,” U.S. House of Representatives Committee on Science and Technology’s Subcommittee on Investigations and Oversight, 2009
Hearing on “The 60th Anniversary of the Administrative Procedure Act: Where Do We Go from Here?,” U.S. House of Representatives Committee on the Judiciary’s Subcommittee on Commercial and Administrative Law, 2006
Hearing on Pension Regulation Reform before the Massachusetts Legislature’s Joint Committee on Public Service, 2006