Administrative Procedure Act

Using the APA to Constrain Presidential Inaction

Jan 29, 2016 Analysis

Dan Walters argues that the Administrative Procedure Act provides the courts with the best framework for reviewing presidential inaction.

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Supreme Court Mulls Price of Not Using Power

Nov 11, 2015 News

Electricity regulator wants strong incentive to conserve, but one business group says the government is overreaching.

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A More Sensible Approach to Vesting Jurisdiction for Judicial Review of Agency Decisions

Jul 21, 2014 Opinion

A clearer framework is needed to address jurisdiction questions in legal actions against agencies.

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Two Cheers for Recess Appointments

Jun 26, 2014 Opinion

The Supreme Court lets the president down easy in NLRB v. Noel Canning.

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Recommendations for Improving Informal Rulemaking

Aug 26, 2013 Analysis

ACUS recommends ways to implement an administrative record in informal rulemaking.

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Bill Moves Forward to Amend the Regulatory Process

Aug 22, 2013 News

Debate ensues over the proposed Regulatory Accountability Act.

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Can Agencies Legally Use Social Media for Rulemaking?

Aug 21, 2013 Analysis

ACUS draft report analyzes legal obstacles for using social media in rulemaking.

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Tax Administration and the “Force of Law”

Jun 24, 2013 Opinion

Current tax administration reveals agencies' muddled application of "force of law" determinations.

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Federal Appeals Court Says EPA Cannot Make Rules by Correspondence

May 1, 2013 News

Court vacates EPA letters to Senator, holding they amounted to new regulations.

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GAO Calls on Agencies to Respond to All Comments

Mar 12, 2013 Analysis

Report advocates for a better use of public input.

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