Tag Archives: Rulemaking

Upcoming Hearing — From Beginning to End: An Examination of Agencies’ Early Public Engagement and Retrospective Review

by Bridget C.E. Dooling — Monday, May 6, 2019@BridgetDooling

Two former OIRA Administrators are testifying tomorrow morning in a hearing that might re-kindle regulatory reform efforts in Congress. As Chris Walker has covered on this blog, the 115th Congress had a flurry of regulatory reform activity, none of which was enacted. This is the first Senate hearing in the 116th to take up regulatory reform.* […]

Shutdown Irregularities

by Bridget C.E. Dooling — Monday, Jan. 28, 2019@BridgetDooling

The longest shutdown in the history of the federal government ended yesterday. It lasted 35 days. It was a partial shutdown, but its effects unfold for months, if not longer. While I was trolling around on various .gov websites (dear reader, do I need better hobbies? I think we both know the answer is “no”), […]

The Shutdown’s Evolving Effects on Rulemaking

by Bridget C.E. Dooling — Thursday, Jan. 17, 2019@BridgetDooling

I have a piece up in The Hill with some initial thoughts about 5 ways the partial federal shutdown is playing out in the rulemaking process. The punchline is that the longer key aspects of the federal regulatory process remain idle, the harder it will be for the president to make progress on his deregulatory goals. […]

70th Plenary Agenda: Comments Due Dec. 7 (ACUS Update)

by Emily Bremer — Wednesday, Nov. 28, 2018@emilysbremer

The Administrative Conference will host its 70th Plenary Session on December 13th and 14th, 2018.  Once again, the meeting will be held at the George Washington University Law School, Jacob Burns Moot Court Room, 2000 H Street NW, Washington, DC 20052.  The Assembly is set to consider five proposed recommendations.  From the Federal Register notice, these recommendations […]

Oct. 5 Event: Mass and Fake Rulemaking Comments (ACUS Update)

by Emily Bremer — Sunday, Sept. 30, 2018@emilysbremer

If you’re in the DC area this week, ACUS and the Administrative Law Review are co-hosting an interesting forum on Mass and Fake Comments in Agency Rulemaking.  From ACUS’s Administrative Fix blog, here’s a summary of the subjects to be discussed: When agencies propose new regulations, the Administrative Procedure Act requires that they provide interested […]

Shortcuts in the Process of Issuing or Repealing Rules, by Richard J. Pierce, Jr.

by Guest Blogger — Tuesday, Sept. 4, 2018

An agency cannot issue, amend, or rescind a legislative rule without first conducting a notice and comment proceeding (N&C) unless it can find an applicable exemption from the N&C procedure. The N&C process has become so lengthy and resource-intensive that agencies are increasingly desperate to find an applicable exception. Moreover, Congress sometimes shares agencies’ frustration […]

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 […]

Mortazavi on Computer Analysis of Rulemaking Comments (AdLaw Bridge Series)

by Emily Bremer — Friday, June 23, 2017@emilysbremer

Technology has promised big benefits for public participation in notice-and comment rulemaking, but it has also presented new challenges for agencies.  For example, as the number of rulemaking comments has increased, so too has the administrative burden of reviewing those comments.  Can an agency use computer software to help ease this burden while still discharging its obligations under the APA?  Melissa Mortazavi addresses […]

New Legislation Might Actually Improve Rulemaking—Here’s How, by Bruce Kraus

by Guest Blogger — Friday, Jan. 29, 2016

Both the NYT and Connor Raso’s post below warn darkly of rumored new regulatory reform legislation. But any new bill will be a breath of fresh air, compared to its archly-partisan predecessor, the Financial Regulatory Responsibility Act of 2011. Connor and I roundly denounced the FFRA in the SSRN draft of our Rational Boundaries article. […]