Author Archives: Connor N. Raso

Will Congress Make Rulemaking a Practically Impossible Task?

by Connor N. Raso — Tuesday, Jan. 26, 2016

A bipartisan group in the Senate is working on a large package to reform the rulemaking process. Negotiations are ongoing but the New York Times reported last week that the package is likely to require agencies to engage in additional cost-benefit analysis that would be subject to judicial review. In joint work, I have argued […]

New ABA Administrative Law Section Resolution on Improving the APA

by Connor N. Raso — Saturday, Dec. 19, 2015

The ABA’s Section of Administrative Law and Regulatory Practice recently approved a report and resolution on improving the APA’s rulemaking provisions. The Section believes that while the basic chassis of the APA has been shown to be fundamentally sound, a variety of updates deserve serious consideration. The resolution proposes reforms to modernize the Act that […]

What Regulatory Reform Legislation Might Pass This Congress?

by Connor N. Raso — Thursday, Oct. 22, 2015

House and Senate committees have been doing a fair bit of work behind the scenes on regulatory reform legislation lately. This post focuses on the legislation that appears to have the greatest odds of being enacted into law and outlines a possible path forward. On October 7, 2015, the Senate Homeland Security & Governmental Affairs […]

Does Procedural Review of Agency Guidance Make Sense? A Recent Example from the CFPB

by Connor N. Raso — Friday, July 31, 2015

The House Financial Services Committee overwhelmingly passed a bill declaring that the Consumer Financial Protection Bureau’s (“CFPB”) much-debated guidance document (“Bulletin”) on indirect auto lending to “have no force or effect.” At first glance, this bill would do nothing legally. Under administrative law doctrine, guidance documents like the Bulletin lack legal effect by definition. The […]

Agency-to-Agency Agenda-Setting

by Connor N. Raso — Tuesday, July 21, 2015

The agenda-setting phase of the regulatory process is critically important. In a time of constrained agency budgets and mounting policy challenges, an agency may send an important signal to market participants simply by placing an issue onto its agenda. Agency agenda-setting can also frame subsequent policy debates. Agenda-setting is a difficult topic to study partly […]

Upcoming ABA Teleforum on Michigan v. EPA

by Connor N. Raso — Tuesday, July 14, 2015

The ABA Admin Law Section is hosting a teleforum on Michigan v. EPA this Thursday, July 16 at 11:00 AM. Details on the program are available here. The program will feature Richard Revesz (NYU School of Law), Andrew Grossman (BakerHostetler), and yours truly. Adam White (Boyden Gray & Associates, Manhattan Institute) will moderate the discussion. […]

Michigan v. EPA’s Impact on Cost-Benefit Requirements

by Connor N. Raso — Tuesday, June 30, 2015

In Michigan v. EPA, the Supreme Court invalidated an EPA rule regulating power plant emissions of mercury and other pollutants. This post discusses the decision’s potential impact on cost-benefit jurisprudence generally. All nine justices endorsed the proposition that agencies have a general obligation under the Administrative Procedure Act to consider costs when deciding to regulate. […]

King v. Burwell: Why Is the Scope of Chevron So Unpredictable?

by Connor N. Raso — Sunday, June 28, 2015

The majority in King v. Burwell surprised many observers by declining to grant Chevron deference to the IRS interpretation of the Affordable Care Act at issue. Instead, the Chief Justice’s opinion held thatChevron does not apply to questions that are of “deep economic and political significance.” This post does not analyze how this decision relates […]

Administrative Procedure as a Source of Agency Advantage

by Connor N. Raso — Thursday, June 25, 2015

Procedural requirements like the APA’s notice-and-comment process are often viewed as burdens on agencies to be avoided when possible. My new paper in the Administrative Law Review provides evidence for that view. But this view is not always correct (if it were, many questions in this area would be less interesting!). In some cases, agencies […]

Chevron as a Canon, Not A Precedent

by Connor N. Raso — Wednesday, June 3, 2015

Last week, the DC Circuit issued a potentially important decision in Validus Reinsurance, Ltd. v. United States addressing the potential interplay of the presumption against extraterritoriality—a canon of statutory construction—and Chevron deference. Andy Grewal has a great post that summarizes the case and speculates that “Chevron deference might just be an interpretive canon which need […]