Guide · Administrative Law
Federal Rulemaking: A Comprehensive Guide to Notice and Comment, Logical Outgrowth, the Administrative Record, Exemptions, and Review
5 U.S.C. § 551
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-11-08
- Topic
- Administrative Law
This guide covers federal rulemaking from the decision to regulate through judicial review of the resulting rule. It begins with the statutory framework and with the distinction between legislative rules and the categories that escape the process, because that distinction determines whether any of the rest applies. It then works through the notice requirement, the comment period, the logical outgrowth limit on the final rule, and the construction of the administrative record. Separate parts address the analytical requirements imposed by other statutes, the executive review process, and the special procedures some organic statutes impose. The review parts cover reviewability and timing, the reasoned decisionmaking standard, the treatment of changes in position, the current allocation of interpretive authority between courts and agencies, and the remedies a court may order.
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