Anomalies in rulemaking

Retroactivity and administrative rulemaking.

Re-Inventing Rulemaking

Bob Anthony and Tom McGarity both maki a number of important, perceptive points, and I find myself in substantial agreement with each of them. I have only two principal disagreements with Bob Anthony. First, I believe that a court should not go behind the objective terms of a statement of agency policy to speculate about whether the statement was "really intended" to bind the public. If by its ...

Notice of Proposed Rulemaking

Many studies indicate the presence of human pathogens and drug-resistant bacteria in treated sewage sludge. Since one of the main methods of treated sewage disposal is by application to agricultural land, the presence of these organisms is of concern to human health. The goal of this study was to determine whether the frequency of drug-resistant and indicator bacteria in Sugar Creek, which is u...

Facilitating Issue Categorization & Analysis in Rulemaking

One task common to all notice-and-comment rulemaking is identifying substantive claims and arguments made in the comments by stakeholders and other members of the public. Extracting and summarizing this material may be helpful to internal decisionmaking; to produce the legally required public explanation of the final rule, it is essential. When comments are lengthy or numerous, natural language...

Organization, Process, and Agency Rulemaking

Organizational theorists and economists have long understood that structuring internal work processes into more hierarchical or team-based arrangements has important consequences for the timeliness and character of organizational outputs. We apply these insights to demonstrate how variation in the design of rulemaking procedures inside regulatory agencies impacts the resulting rules. Employing ...