Rulemaking

The Empty Case for Overruling Auer Deference

Contrary to criticisms, Auer deference does not encourage agencies to self-delegate.

Proposed Joint-Employer Rule May Restrict Workers’ Bargaining Power

Federal labor agency proposes a new rule to end confusion over the joint-employer standard.

Proposed Rule Aims to Make Drug Pricing More Transparent

A proposed requirement to display drug list prices in advertisements draws controversy.

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.