Rulemaking

The National Injunction and the Administrative Procedure Act

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

The Trump Administration Targets Student Loan Protections

The APA is at the center of state efforts to challenge the Trump Administration’s education policy changes.

Federal Court Orders EPA to Revisit Lead Risks

Ninth Circuit orders EPA to propose a new standard for lead dust and an updated definition for lead paint.

Participatory Rulemaking in China Needs Even More Effort

Recent revisions to China’s administrative regulations will not guarantee effective public participation.

The Guidance Racket

Despite attacks from conservatives, guidance documents help agencies and regulated firms comply with the law.

China Implements More Participatory Rulemaking Under Communist Party

New requirements such as notice-and-comment periods and public hearings should improve transparency.

Let’s Be Real About Trump’s First Year in Regulation

Claims that the Trump Administration has radically reduced regulation are simply not true.

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.

Regulatory Reform Should Be About Strengthening Legislative Responsibility

Countries like Australia and Canada offer models for reining in delegation of lawmaking authority to agencies.

Concluding Thoughts on Cost-Benefit Analysis and the Public’s Impact in Rulemaking

The Supreme Court’s decision in Michigan v. EPA illustrates that the public has a serious role to play in the rulemaking process.

Cost-Benefit Analysis and Reasoned Agency Decision-Making

Scalia recounts his role in challenging a SEC rule on behalf of the U.S. Chamber of Commerce.

The Value of Public Participation in Rulemaking

Appearing before agencies affords the public an important opportunity to have a genuine impact on the law.