In a forthcoming article in the Texas Law Review Professor Liza Hienzerling concludes: “either classical administrative law or Sierra Club v. Costle has to go.”
We agree. It is time for classical administrative law—which argues that informal rulemaking should be done in exclusionary rooms with entrances controlled by $800/hr attorneys—”has to go.” Obsolete administrative law practices should be shelved in order to capitalize on technological advances that allow substantive public participation in regulatory proceedings on an ongoing basis.
Much to its credit, the Administrative Conference of the US recognized this impeding collision and addressed this matter in its recent plenary session of several weeks ago.
Jim Tozzi, a Public Member of ACUS, proposed an action which would have empowered the public to capitalize on recent advances in the information age by enhancing their access to federal regulators.