Notice & Comment

Author: Emily Bremer

Notice & Comment

Five New Recommendations! (ACUS Update)

Start 2018 off right by reading the five new recommendations adopted by the Administrative Conference at its 68th Plenary session!  Although this was my first plenary session as an ACUS Public Member, it was my eleventh (!!) plenary session overall.  (I attended the other ten when I was on the ACUS staff.)  It was a genuine […]

Notice & Comment

A Busy 68th Plenary! (ACUS Update)

The Administrative Conference will host its 68th Plenary Session on December 14th and 15th, 2017.  It’s shaping up to be a busy one, with five proposed recommendations going before the Assembly for approval.  From the Federal Register notice, these recommendations address the following subjects: Plain Language in Regulatory Drafting. This proposed recommendation identifies tools and techniques agencies have used […]

Notice & Comment

Webley on Verbose Rulemaking Preambles (AdLaw Bridge Series)

Alec Anthony Webley has an interesting article, Seeing through a Preamble, Darkly: Administrative Verbosity in an Age of Populism and ‘Fake News’, forthcoming in the Administrative Law Review.  The article argues that the purpose of the APA’s requirement that agencies provide a “concise general statement of [a rule’s] basis and purpose” is defeated by the length […]

Notice & Comment

Fall 2017 Projects (ACUS Update)

The Administrative Conference of the United States will soon begin fall committee meetings on a slate of projects targeted for completion at the 68th annual plenary session, to be held in December.  These projects include: (1) Plain Language in Regulatory Drafting; (2) Agency Guidance; (3) Regulatory Waivers and Exemptions; and (4) Regulatory Experimentation.  A description (taken […]

Notice & Comment

Upcoming Event on Regulatory Benefit-Cost Analysis (ACUS Update)

If you’re going to be in the DC area on September 29 and are interested in benefit-cost analysis, here’s the event for you!  The Administrative Conference of the United States (ACUS), the Society for Benefit-Cost Analysis (SBCA), and the GWU Regulatory Studies Center are co-sponsoring an afternoon of discussion on New Developments in Regulatory Benefit-Cost […]

Notice & Comment

ACUS Adopts Two Recommendations at the 67th Plenary (ACUS Update)

At its 67th Plenary Session, held Friday, June 16th, the Assembly of the Administrative Conference adopted two new recommendations: Recommendation 2017-1, Adjudication Materials on Agency Websites and Recommendation 2017-2, Negotiated Rulemaking and Other Options for Public Engagement.  As described on ACUS’s website: Recommendation 2017-1, Adjudication Materials on Agency Websites provides guidance regarding the online dissemination of administrative […]

Notice & Comment

Mortazavi on Computer Analysis of Rulemaking Comments (AdLaw Bridge Series)

Technology has promised big benefits for public participation in notice-and comment rulemaking, but it has also presented new challenges for agencies.  For example, as the number of rulemaking comments has increased, so too has the administrative burden of reviewing those comments.  Can an agency use computer software to help ease this burden while still discharging its obligations under the APA?  Melissa Mortazavi addresses […]

Notice & Comment

Save the Date for the 67th Plenary (ACUS Update)

The Administrative Conference of the United States will hold its 67th Annual Plenary Session on Friday, June 16th from 10:00 am to 2:00 pm.  The Assembly will consider proposed recommendations on two subjects.  From the Federal Register notice: Adjudication Materials on Agency Web sites. This proposed recommendation provides guidance regarding the online dissemination of administrative […]

Notice & Comment

A Complete Picture of Federal Spending

Getting information about federal spending–a key consideration in policymaking–just got a whole lot easier.  The Digital Accountability and Transparency Act of 2014 (DATA Act) required federal agencies to use a standardized data format to report spending information.  The goal was to make the information more readily available and useful, thereby improving transparency and oversight.  The Office of […]

Notice & Comment

The Agency Declaratory Judgment

For your weekend reading pleasure, I offer my latest article, The Agency Declaratory Judgment, which is now available on SSRN and is forthcoming in the Ohio State Law Journal.  The article examines a useful provision of the APA with which you may be unfamiliar (really!).  That provision is 5 U.S.C. 554(e).  It states that an agency “with like effect as […]

Notice & Comment

Feinstein on Congressional Oversight of the Executive Branch (AdLaw Bridge Series)

Political control of administrative agencies is a hot topic these days.  And Brian D. Feinstein has a timely new article, Congress in the Administrative State, forthcoming in the Washington University Law Review that empirically evaluates how Congressional oversight hearings fit into the picture.  Using an original dataset constructed from inspectors general semiannual reports, Government Accountability Office annual “top management challenges” lists, […]

Notice & Comment

Spring Meeting Dates on Marketable Permits (ACUS Update)

The Administrative Conference has announced new committee meeting dates for another of its spring projects, all of which I recently previewed.  The new dates are as follows: The Committee on Regulation will meet to discuss the Marketable Permits project on Tuesday, March 28 at 2 pm and Thursday, April 13 at 2 pm. Please also note that the […]

Notice & Comment

Klonick on the New Governors of Online Speech (AdLaw Bridge Series)

Kate Klonick has a fascinating new article forthcoming in the Harvard Law Review examining how private online platforms, including Facebook, Twitter, and YouTube, regulate user speech.  Entitled The New Governors: The People, Rules, and Processes Governing Online Speech, the article is an important contribution to the understanding of how private entities regulate conduct and enforce public law norms […]

Notice & Comment

New Spring Meeting Dates Announced (ACUS Update)

The Administrative Conference has announced new committee meeting dates for one of its spring projects, which I recently previewed.  The new dates are as follows: The Committee on Rulemaking will meet to discuss the Negotiated Rulemaking project on Thursday, March 23 at 9:30 am and Thursday, April 13 at 9:30 am. If you would like […]