Administrative Procedure

Negotiated Rulemaking and the Borrower Defense Regulation

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

Pruitt’s Super-Polluting Parting Shot

Former EPA Administrator’s last action may foreshadow the agency’s future plans for regulating pollution.

Regulatory Reform Under Reagan and Trump

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

Getting Back to the Basics with Agency Rulemaking

The United States needs a bipartisan push to bring transparency and accountability back into the rulemaking process.

Should We Run Agencies More Like Businesses?

Legal scholar argues for greater reliance on entrepreneurial strategies in regulation.

A Debate Over President Trump’s “One-In-Two-Out” Executive Order

Policy experts consider the constitutionality of a cornerstone of the President’s regulatory reform efforts.

A Wolf in Sheep’s Skin

The Early Participation in Regulations Act will further complicate the rulemaking process.

Giving the Platypus of Formal Rulemaking a Second Look, Again

Legal scholar reexamines the formal rulemaking process in response to criticism.

Assessing the Regulatory Accountability Act

Scholars debate the merits and drawbacks of the recently proposed Regulatory Accountability Act, which would dramatically reform the rulemaking process.

The Trump Administration’s Regulatory Reform Options

The new Administration and Congress can use several procedures to cut down on regulation.

Improving Regulatory Analysis at Independent Agencies

Independent agencies should adopt four key analytical standards.

Improving the Process of Making Rules at Independent Agencies

Following certain procedural steps will strengthen independent agencies’ rulemaking processes.