Archive for October, 2018
This report analyzes the complex dynamics surrounding the federal rulemaking process, focusing on the relationship between agency responsiveness and rule durability. Using the Accountability and State Plans rule as a case study, author Elizabeth Mann Levesque explores the input that the department received from public comments and Congress, as well as how the department revised the draft rule in response to this feedback. The analysis within provides insight into how the public, agencies, and Congress shape the content and lifespan of final rules.
Editor’s Note: See also Comments on the Draft Report to The Administrative Conference of the United States on the Paperwork Reduction Act.
From: The Regulatory Review
ACUS collaborated with agency officials to identify inefficiencies in the PRA approval process.
The Paperwork Reduction Act (PRA) has long been accused of adding excessive delay to the process of federal agencies producing surveys and other valuable information gathering efforts. Other experts have praised the PRA for serving as a necessary constraint on the ability of agencies to burden the public. In its recent plenary session, the Administrative Conference of the United States (ACUS) approved a set of recommendations to improve the operation of the PRA. These proposals build on related suggestions from 2012, which considered statutory changes.
From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice
by Chris Walker
Over at the Center for Regulatory Reform, Jim Tozzi (who was in charge of OIRA in the early 1980s) has the following thoughts on the fiftieth anniversary of centralized regulatory review:
From: Notice & Comment
by Jeffrey Pojanowski
I am administrative law scholar in the fustiest sense of the term. I write about judicial review of agency action, with a particular focus on questions of law. Yes. I am one of those bores who writes about Chevron. I do this while being well aware that so much (most?) of the important thinking in administrative law touches on questions that mostly don’t touch the courts: how Congress interacts with administrative agencies, how agencies interact and coordinate among themselves and with the White House, and how the internal dynamics of particular agencies operate. If you’re just shining your light on judicial review, you’re missing the dark matter that makes up most of the regulatory cosmos.