APA

President Trump’s Deregulation Initiatives Are Exercises in Futility

President Trump’s Deregulation Initiatives Are Exercises in Futility

The Trump Administration will struggle to convince courts to uphold the repeal of many agency rules.

Public Engagement in Expedited Agency Rulemaking

Public Engagement in Expedited Agency Rulemaking

ACUS recommends inviting public participation in rulemaking even when agencies forgo notice and comment.

Repealing Without Procedure

Repealing Without Procedure

Executive orders to repeal rules and redefine “showerhead” contain a jarring assertion of presidential authority.

On Direct Exercises of Presidential Power

On Direct Exercises of Presidential Power

Myriad questions surround the role of Congress and the Supreme Court in checking presidential power.

Regulatory Retrospection Amid the Smashing of Expertise

Regulatory Retrospection Amid the Smashing of Expertise

The presidential influence chronicled in Graham’s magisterial book now threatens technocratic decision-making.

Ending EPA’s “Endangerment” Finding

Ending EPA’s “Endangerment” Finding

Repeal of EPA’s endangerment finding on greenhouse gases faces hurdles and would threaten regulatory instability.

Administrative Deference and Regulatory Consistency

Administrative Deference and Regulatory Consistency

The end of deference to agency statutory interpretations will result in regulatory inconsistency.

A Loss for Public Participation

A Loss for Public Participation

HHS’s reversal of its Nixon-era policy will reduce valuable public participation in rulemakings.

Administrative Changes that Decrease Transparency at HHS

Administrative Changes that Decrease Transparency at HHS

Recent actions by HHS undermine the promises of transparency made by Robert F. Kennedy, Jr.

Choosing the Court to Review Agency Rulemaking

Choosing the Court to Review Agency Rulemaking

ACUS’s recommendation on judicial review of federal regulations provides much-needed clarity.

Public Input in the People’s House

Public Input in the People’s House

Congress should use notice-and-comment rulemaking as a model for public input in the legislative process.

Putting the U.S. Administrative Procedure Act in Perspective

Putting the U.S. Administrative Procedure Act in Perspective

Efforts to modernize the APA should be approached with caution.