Notice & Comment

Author: Bridget C.E. Dooling

Notice & Comment

Benefits of a Rowdy Bureaucracy

This is is the third post in a series on Andrew Rudalevige’s new book, By Executive Order: Bureaucratic Management and the Limits of Presidential Power. For other posts in the series, click here. Perhaps because they bear the president’s signature and don’t require ratification, executive orders are considered to be entirely within the president’s control. But early […]

Notice & Comment

Introduction to Our Symposium on Rudalevige’s By Executive Order

Welcome to our second symposium of the month!* We close out October with a series of essays reacting to Prof. Andrew Rudalevige‘s By Executive Order: Bureaucratic Management and the Limits of Presidential Power (Princeton University Press 2021). If we know anything about executive orders, it’s that they’re actions that the president takes alone. But who […]

Notice & Comment

OMB Law Fellowship Program

It’s my pleasure to share that the U.S. Office of Management and Budget has created a Law Fellowship Program, under which law professors and attorneys employed by institutions of higher education; attorneys employed by State, local, or tribal governments; or attorneys employed by other qualifying institutions under 5 C.F.R. § 334.102 can rotate into OMB […]

Notice & Comment

OIRA the Angel; OIRA the Devil

*This is the fourth post in a series on Michael Livermore and Richard Revesz’s new book, Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. For other posts in the series, click here. In their most recent book, Reviving Rationality, Mike Livermore and Ricky Revesz build on their record of support for […]

Notice & Comment

Six things I love about M-21-24

OMB issued a memo yesterday entitled “Promoting Public Trust in the Federal Government and Effective Policy Implementation through Interagency Review and Coordination of the American Rescue Plan Act.” OMB numbers some of its memos and this one is M-21-24. Apropos of my tendency to gush about OMB and the relative paucity of click-baity listicles on […]

Notice & Comment

Going Through Regulatory Withdrawal

If I taught a class called “Advanced Regulatory Maneuvers,” regulatory withdrawals would have to be on the syllabus. Withdrawing a proposed rule that an agency previously issued but has not yet finalized effectively erases the earlier proposal, requiring an agency to start over if it wants to proceed with a rule. A withdrawal communicates to […]

Notice & Comment

New ACUS Project on “Mass, Computer-Generated, and Fraudulent Comments”

Last April, the Administrative Conference of the United States (ACUS) called for proposals for a new project on “Mass, Computer-Generated, and Fraudulent Comments in Agency Rulemaking.” The request for proposals (RFP) signaled that ACUS was looking for a team of research consultants to take on the work, in concert with the Conference’s Research Director. Assembling […]

Notice & Comment

Update on the Guidance EO

Following up on our blog’s extensive coverage of the Trump administration’s recent executive orders on agency use of guidance, two recent pieces round up agency compliance with EO 13891. That EO (1) directs agencies to publicly catalog any existing guidance, with anything not in the catalog deemed rescinded, (2) directs agencies to promulgate rules about […]

Notice & Comment

COVID-19 & CRA Jeopardy

We’ve covered the issue of Congressional Review Act (CRA) disapprovals quite closely here on the blog, so readers might recall that Congress can use the CRA to disapprove federal agency rules using fast-track procedures during a special window of time following the rule’s issuance. What we’ve surely never talked about on the blog is how […]