Tag Archives: Regulatory Accountability Act

How Agencies Should Communicate During Notice-and-Comment Rulemaking

by Christopher J. 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 […]

Judicial Deference under the Regulatory Accountability Act

by Christopher J. Walker — Wednesday, July 26, 2017@chris_j_walker

Since I last blogged about the Portman-Heitkamp Regulatory Accountability Act being reported favorably out of committee in May, there hasn’t been any movement on the legislative front. A number of additional administrative law scholars, however, have weighed in, and the legislation continues to get serious attention in policy circles. For instance, Cass Sunstein has a generally […]

Proposed Section 553(c)(6) of the Regulatory Accountability Act and Soliciting Grassroots Support, by Bernard W. Bell

by Guest Blogger — Wednesday, May 31, 2017

The Senate Homeland Security and Government Affairs Committee reported out S. 591, the Regulatory Accountability Act of 2017. The bill’s proposed addition of section 553(c)(6) to the Administrative Procedure Act warrants attention. The provision has already been the focus of consideration in The Regulatory Review: Daniel E. Walters, Ditch the Flawed Legislative Proposal to Police […]

Update on Portman-Heitkamp Regulatory Accountability Act

by Christopher J. Walker — Saturday, May 20, 2017@chris_j_walker

On Wednesday, the Senate Homeland Security and Government Affairs Committee (HSGAC) reported out favorably the Portman-Heitkamp Regulatory Accountability Act. I’ve blogged about this bipartisan regulatory reform legislation here and here, and I have an more in-depth take on the legislation in an essay forthcoming in Administrative Law Review. Earlier this week, moreover, The Regulatory Review (f/k/a RegBlog) […]

What to Make of the Regulatory Accountablity Act’s Public Hearing Right for >$100M Rules?

by Christopher J. Walker — Thursday, May 11, 2017@chris_j_walker

Perhaps the most controversial provisions of the Portman-Heitkamp Regulatory Accountability Act of 2017 concern the availability of a public hearing for rules that have an economic impact of $100 million or more. The legislation would amend the Administrative Procedure Act to allow interested parties to petition for a public hearing and require the agency to include […]

My Preliminary Take on the Heitkamp-Portman Regulatory Accountability Act

by Christopher J. Walker — Wednesday, May 3, 2017@chris_j_walker

As I noted last week, Senators Heitkamp and Portman, joined by Senators Hatch and Manchin, just introduced the Regulatory Accountability Act of 2017. Portman’s press release is here, and the full text of the bill is available here (you can also subscribe there for alerts on the legislation). My co-blogger Adam White had a thoughtful […]

In Bipartisan Reform of the APA, Is There “Fertile Ground Here to Actually Get Something Done”?

by Adam White — Thursday, Apr. 27, 2017

As Chris noted last night, Senators Portman and Heitkamp introduced legislation to significantly reform and modernize the Administrative Procedure Act of 1946. There is much to be written about this version of the “Regulatory AccountabilityAct,” including its provision for replacing Auer deference with a Skidmore While regulatory reform tends to be construed as a Republican or conservative attack on administrative […]