Agency Rulemaking

Agency Rulemaking

The nature and scope of administrative rulemaking is a topic for ongoing debate. One of the main functions of administrative agencies is to create regulations. Over the past several decades, the volume of the Code of Federal Regulations far surpasses the laws passed by Congress. How are these agencies accountable to the American public? What are tradeoffs for relying on agency expertise instead of Congressional legislating? This series discusses how agency rulemaking works in practice: the scope of agencies' authority to write regulations, core processes of agency rulemaking (notice and comment rulemaking), the review and scrutiny that rules are subject to, and how agency rulemaking fits in with the democratic process.

  

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2 of 11: Is it Time to Update the Administrative Procedure Act? [No. 86]

Has the Administrative Procedure Act (APA) of 1946 remained static? Does it need to be updated to be more effective in modern times? Professor Christopher Walker discusses whether the APA has been previously amended and how it was done. He outlines t ... Has the Administrative Procedure Act (APA) of 1946 remained static? Does it need to be updated to be more effective in modern times? Professor Christopher Walker discusses whether the APA has been previously amended and how it was done. He outlines the Regulatory Accountability Act, a current bipartisan proposal in Congress to modernize the APA, and why it is controversial.

Christopher J. Walker an Associate Professor of Law (with tenure) at The Ohio State University Moritz College of Law and Director of the Moritz Washington, D.C., Summer Program. Professor Walker’s research focuses primarily on administrative law, regulation, and law and policy at the agency level.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

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