Administrative Procedure Act

Warren’s Bill Presents Progressive Vision for Rulemaking Reform

Recent bill would boost public participation and reduce capture in the regulatory process.

The National Injunction and the Administrative Procedure Act

Critics of national injunctions should not stretch the meaning of key words in the APA.

The Ambiguity in Judge Kavanaugh’s Chevron Critique

Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.

Kavanaugh and the Deference Doctrines

Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.

Negotiated Rulemaking and the Borrower Defense Regulation

“Do-over” of Obama-era rule shines a spotlight on alternative to notice-and-comment rulemaking.

Regulatory Reform Under Reagan and Trump

Reagan-era regulatory reform will help restrict rule rescissions under Executive Order 13,771.

Challenging the Anti-Regulatory Narrative

The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.

Laying Down the Law on Rule Delays

Recent judicial decisions help clarify the legality of rule freezes after a change in administration.

Headless Agency Adjudication at the Patent Office

Supreme Court approval of patent adjudication raises new questions about limits of modern agency adjudication.

Learning What Works in Regulation

ACUS recommends agencies take steps to study the impacts of their rules.

Using Plain Language to Draft Regulations

ACUS recommendation offers suggestions for making the language of agency documents more accessible.

Understanding and Addressing Controversies About Agency Guidance

Experts weigh in on recent report and ACUS recommendation on agency guidance.