Eliminating the Filibuster on Appropriations Bills Would Not Prevent a Shutdown

by Sam Wice — Thursday, Feb. 8, 2018

The federal government recently shut down for three days because the Senate could not pass an appropriations bill with a filibuster-proof majority.  In response, President Trump and House Republicans suggested eliminating the filibuster for appropriations bills.  However, eliminating such a filibuster would likely have prevented the Senate from considering the failed continuing resolution that Republicans […]

This entry was tagged .

D.C. Circuit Review – Reviewed: The Academy and PHH Corp.

by Aaron Nielson — Friday, Feb. 2, 2018@Aaron_L_Nielson

Earlier this week, as I was reading the en banc decision in PHH Corp. CFPB, it struck me that the Court cited a large number of law review articles. So for this bonus edition of D.C. Circuit Review – Reviewed, I asked my dutiful research assistants to put together a chart of the articles cited […]

This entry was tagged .

How Agencies Communicate: Wrapping-Up, by Susan Morse and Leigh Osofsky

by Guest Blogger — Friday, Feb. 2, 2018

The Administrative Procedure Act and the question of judicial deference to agency action may be at the center of the typical Ad Law course syllabus. But they are far from the main topics in the story of How Agencies Communicate uncovered in this symposium. Rather than studiously following the notice and comment process to produce […]

Why Does Anyone Care What an Agency Says?

by Aaron Nielson — Friday, Feb. 2, 2018@Aaron_L_Nielson

It’s no secret that agencies communicate with the public. Nor is it a secret that the public often listens. It is worth thinking about, however, why the public listens. Sometimes, of course, it is a not a mystery why what an agency says is important. Imagine, for instance, that an agency has authority to waive […]

How Agencies Should Communicate During Notice-and-Comment Rulemaking

by Chris Walker — Thursday, Feb. 1, 2018@chris_j_walker

As Elizabeth Porter and Kathryn Watts noted in their contribution to this symposium on how agencies communicate (as well as Michael Herz in his contribution), federal agencies have begun to utilize social media and other channels to explain and promote their preferred regulatory outcomes. Sometimes such communications take place during the public comment period on […]

Interim-Final or Temporary Regulations: Playing Fast and Loose with the Rules (Sometimes), by Kristin E. Hickman

by Guest Blogger — Thursday, Feb. 1, 2018

In administrative law doctrine, much significance is placed not only on what agencies say but on the format they use to say it. Interpretations of statutes expressed in legislative rules carry the force of law—i.e., are legally binding on private parties—so must comply with Administrative Procedure Act (APA) notice and comment requirements and usually are […]

This entry was tagged .

Updated ACUS Summary of Recent Administrative Law Reform Bills

by Chris Walker — Thursday, Feb. 1, 2018@chris_j_walker

The Administrative Conference of the United States (ACUS) tracks the various regulatory reform bills on a pretty regular basis. This is a terrific resource for those interested in understanding the various proposals being considered in Congress. ACUS just posted an updated summary here. Here is the description of the project: In the last several sessions […]

D.C. Circuit Review – Reviewed: The I-Don’t-Have-Time-To-Read-It-All Version of PHH Corp. v. CFPB

by Aaron Nielson — Wednesday, Jan. 31, 2018@Aaron_L_Nielson

At long last, the en banc D.C. Circuit has decided PHH Corp. v. CFBP. This case — which, of course, we have discussed many times here at Notice & Comment — concerns the constitutionality of the restrictions on the President’s ability to remove the CFPB director (namely, only for “for inefficiency, neglect of duty, or […]

Where to Find Authoritative Guidance on Regulatory Meaning, by Kevin M. Stack

by Guest Blogger — Wednesday, Jan. 31, 2018

When regulated entities or the public want to know what a regulation means, where do they look? They will, of course, focus on the text of the regulation. But what other sources bear on how regulations apply? In particular, what is the most authoritative source agencies issue to assist in determining the meaning and application […]

This entry was tagged .

2/4 Submission Deadline: ACS’s Richard D. Cudahy Writing Competition on Regulatory and Administrative Law

by Chris Walker — Wednesday, Jan. 31, 2018@chris_j_walker

Each year the American Constitution Society hosts the Richard D. Cudahy Writing Competition in Regulatory and Administrative Law. The list of prior winners is a who’s who in administrative law. Plus there’s a separate student category! The submission deadline of February 4th is quickly approaching. Here are the full details from the ACS website: The American […]

This entry was tagged .