Failure to comply with the rules pertaining to the cost-benefit and risk analysis. Again, they insert as to what they believe you are intending, that failure may be considered by the court solely for the purpose of determining whether the final agency action is arbitrary or capricious or an abuse of discretion. When this section is read in conjunction with the extraordinarily detailed and proscriptive requirements for risk assessment and cost-benefit analyses contained elsewhere in the bill, it is clear that the alleged failure to comply with any of those requirements will be the subject of litigation. Petitioners will surely argue that failure to comply with the extensive procedural requirements is itself arbitrary and capricious. That is the Justice Department. That is a pretty solid source of a question. Since the Senator asked, 'Where is the question?' There it is.
Editor's note · Context
Discussing the implications of compliance failures in risk assessment and cost-benefit analysis in legislation.
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