Magazine article The Small Business Advocate

Recent History of RFA Activity

Magazine article The Small Business Advocate

Recent History of RFA Activity

Article excerpt

'The RFA in the Courts and Congress" panel featured a discussion about developments in RFA case law since the passage of SBREFA and recent legislation regarding the RFA. The panel was moderated by Jeffrey Lubbers of American University's Washington College of Law, and included panelists David Frulla of Kelley, Drye & Warren LLP; Keith Holman of the National Lime Association and former assistant chief counsel for advocacy; and Elizabeth Kohl, attorney advisor with the U.S. Department of Energy.

Lubbers raised several issues for discussion including the meaning of "significant," "substantial," and "small," for purposes of RFA analyses, the ongoing discussion regarding whether indirect impacts, in addition to direct impacts, should be considered during regulatory analyses; as well as the use of small business regulatory review panels.

Holman described his experience at the Office of Advocacy with small business review panels at the Occupational Safety and Health Administration and the Environmental Protection Agency, noting positive effects of the panel process and areas where panels could be utilized more effectively. Holman recognized that these panels can be labor-intensive for the agencies, but stressed their utility, explaining that the "purpose of the panel process is to get a better rule at the end of the process so that Advocacy can work with the agency at its best and highest level."

Frulla discussed the impact that litigation can have on the RFA, noting that "rarely is regulatory flexibility legislation alone a silver bullet [in terms of ensuring an appropriate regulatory outcome for small businesses]. …

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