Rotting Under the Bridge


 In response to legislative gridlock, Presidents have increasingly relied on policy made by administrative action, leading major swings occurring when the political party of presidency changes. These disputes spilled into third branch with a concomitant increase in legal challenges seeking judicial review such actions. At same time, since 1980s, both Republican and Democratic administrations cost-benefit analysis currency federal rulemaking executive branch.
 The combination requirements increased litigation over has importance economic scientific justifications original promulgation any subsequent revision False or misleading data regulatory analysis, unchecked, pollutes process—and decisions that rely flawed should be struck down as arbitrary capricious.
 Despite their process, actual analyses underlie studies are often not at front center action challenges. To more transparently understand legality actions thus push for better actions, these underlying presented agency Though attorneys may believe themselves well versed minutiae studies, analyzed closely challenges.
 this Article, we use accompanying Trump administration’s National Waters Protection Rule under Clean Water Act case study demonstrate vehicle discuss approaches accommodate procedural need moving forward.