	Introduction

Steadily increasing presidential involvement in agency rulemaking efforts has often been cited as one of the most significant developments in administrative law and domestic policymaking since the introduction of the first formal review programs in the 1970s. The evolution of presidential review of agency rulemaking efforts since the Reagan era in particular constitutes a significant assertion and accumulation of presidential power in the regulatory context. While initial presidential forays into centralized regulatory review were limited in scope, presidential review of rules has emerged as one of the most widely-used and controversial mechanisms by which a President can ensure the realization of his regulatory agenda. The first formal regulatory review program was instituted by President Nixon in 1971 through the establishment of a "Quality of Life Review" program designed to improve "the interagency coordination of proposed agency regulations, standards, guidelines and similar materials pertaining to environmental quality, consumer protection, and occupational and public health and safety." President Ford extended regulatory review through Executive Order 11,821, requiring agencies to prepare "inflation impact statements" for any "major" regulatory action. President Carter expanded presidential review through the issuance of Executive Order 12,044, which required agencies to prepare a "regulatory analysis" of all proposed "major rules," examining the potential economic impact of the proposal and an evaluation of alternative regulatory options. E.O. In practical effect, the impact of the Reagan orders on agency regulatory activities was immediate and substantial. Not surprisingly, this review process generated criticism and controversy. 12,291. 12,866

		A. Clinton Administration

Many of the concerns voiced over the effects of E.O. Upon assuming office, President Clinton supplanted the Reagan Administration's review scheme through the issuance of Executive Order 12,866, entitled "Regulatory Planning and Review." E.O. These requirements mark a significant departure from the provisions of E.O. 12,291. 12,866 were welcomed by many as improving upon the transparency and selectiveness of OIRA review, other aspects of the order could be taken to indicate that the Clinton Administration ' s view of presidential authority over agency rulemaking was largely consonant with that of the Reagan and George H.W. E.O. Conclusion

As has been illustrated by the consideration of the review regimes discussed above, there has been a steady evolution of presidential review of agency rulemaking from the Nixon Administration to the current Administration of George W. Bush. Furthermore, while the actions of both the Clinton and George W. Bush Administrations in implementing the provisions of E.O. 12,866 appear to indicate a conception of presidential authority consonant with that conveyed by the Reagan order, their more nuanced approach to exercising this authority has largely diminished charges against its constitutionality. In turn, presidential review of agency rulemaking has become a widely used and increasingly accepted mechanism by which a President can exert significant, and sometimes determinative, authority over the agency rulemaking process.
Presidential review of agency rulemaking is widely regarded as one of the most significant developments in administrative law since the introduction of the first formal review programs in the 1970s. The evolution of presidential review of agency rulemaking efforts from the Reagan era through the current Administration marks a significant assertion and accumulation of presidential power in the regulatory context. While initial presidential forays into centralized regulatory review were limited in scope, presidential review of rules has emerged as one of the most effective and controversial mechanisms by which a President can ensure the realization of his regulatory agenda.
Limited regulatory review began with President Nixon's establishment of a program requiring proposed environmental, consumer protection, and occupational and public health and safety regulations be circulated within the executive branch for comment. President Reagan issued an executive order requiring agencies to prepare inflationary impact statements for any major regulatory actions, and President Carter expanded presidential review through the issuance of an executive order requiring a regulatory analysis of all proposed major rules.
In 1981, President Reagan issued Executive Order 12,291, ushering in a new era of presidential assertions of authority over agency rulemaking efforts. E.O. 12,291 required cost-benefit analyses and established a centralized review procedure for all agency regulations. E.O. 12,291 delegated responsibility for this clearance requirement to the Office of Information and Regulatory Affairs, which had recently been created within the Office of Management and Budget as part of the Paperwork Reduction Act of 1980. The impact of E.O. 12,291 on agency regulatory activities was immediate and substantial, generating controversy and criticism. Opponents of the order asserted that review thereunder was distinctly anti-regulatory and constituted an unconstitutional transfer of authority from the executive agencies. The review scheme established in the Reagan Administration was retained by President George H.W. Bush to similar effect and controversy.
Many of the concerns voiced regarding E.O. 12,291 were assuaged by President Clinton's issuance in 1993 of Executive Order 12,866, which implemented a more selective and transparent review process. E.O. 12,866 has been retained by the current Administration, which has utilized it to implement a review regime subjecting rules to greater scrutiny than in the Clinton Administration. The actions of both the Clinton and George W. Bush Administrations in implementing the provisions of E.O. 12,866 could be taken to indicate a conception of presidential authority consonant with that conveyed by the Reagan order. However the comparatively nuanced exercise of this asserted authority by these Administrations has largely diminished arguments against the constitutionality of presidential review. Accordingly, presidential review of agency rulemaking has become a widely used and increasingly accepted mechanism by which a President can exert significant and sometimes determinative authority over the agency rulemaking process.