Scholar responds to University of Pennsylvania’s executive discretion series by highlighting transparency concerns.
The new amendment to incorporation by reference rules leaves important issues unaddressed.
Encouraging progress in public access to industry standards is counterbalanced by a governmental “disappointment.”
Congress must not forget its role in setting regulatory policy.
Requiring agencies to consider the cumulative costs of their regulation has its own cumulative costs.
Incorporated materials may be difficult to obtain, so agencies must make them available at their own expense.
Distinct concepts clarify judicial review of U.S. agency decision making.