On Midnight Regulation: Public Citizen Ignores the Facts
This week, Public Citizen, a progressive public interest group, released a paper purporting to show some regulations take years to complete. This is true. Unfortunately, they repackaged that message under the fallacious assumption that “midnight regulation” is a myth. Regulatory activity does increase notably during the midnight period, defined as either November 1 to January 31 during a presidential transition or any time after Election Day, but before the following inauguration. Public Citizen’s report contains a misleading and flawed methodology, selection bias, and conflates the issue of regulatory delay with a surge in midnight activity.