Shining a Light on Regulatory Dark Matter
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TL;DR
- Businesses aiming for "high compliance" with environmental and safety rules often give regulators more than is asked for to avoid costly work interruptions and regulatory entanglements.
- "Regulatory dark matter" refers to a vast amount of sub-regulatory literature (guidance documents, memoranda, etc.) produced by agencies that, despite not being laws or regulations, often carry effective quasi-legal standing.
- This dark matter is difficult to track, not centrally organized, and can be vague, making it hard for businesses to know what is expected of them.
- The GOOD Act (Guidance Out of Darkness Act) proposes creating a searchable online portal for these guidance documents to improve transparency and compliance.
- Despite the GOOD Act passing the House, the fundamental issue of "legislation-by-regulation" shifting to "regulation-by-guidance" remains unaddressed.