Notice-and-comment rulemaking is often thought of as a fixed process: if agency X follows the process then it creates binding regulation Y.
Administrative Law
In the earliest days of his presidency, Donald Trump issued an executive order that exemplifies a common attitude toward regulation today. President Trump ordered federal administrative agencies to revoke at least two regulations for every one they issued and to cut regulatory costs without considering the benefits lost.
The Supreme Court’s decision in Chevron, U.S.A., Inc v Natural Resources Defense Council, Inc has been a boon for federal agencies.
The Administrative Procedure Act (APA) distinguishes between “legislative rules” that bind with the force of law and “interpretive rules” that merely interpret existing statutes or rules.
Turbulence rocks the federal government, and it is now faddish to romanticize states as sites of resistance.
The Supreme Court’s decision in Chevron U.S.A. Inc v Natural Resources Defense Council, Inc has created a cottage industry in choreography.