This program will offer insight and analysis on the changing landscape for appellate review of agency rulemaking. Panelists will include Paul Verkuil, Chairman of the Administrative Conference of the United States and one of the nation’s foremost authorities on administrative law, and leading practitioners. Suggestions will be offered on how affected businesses and industries can take advantage of recent judicial developments and steps they need to take during rulemaking proceedings to advance their interests. In particular, the program will consider issues such as:
- How to shape an administrative record that forces the agency to articulate the factual premises for a proposed rule.
- How to preserve the ability to challenge an agency rule as arbitrary and capricious.
- How to balance inconsistency with law and arbitrary and capricious challenges in judicial review.
Who should attend?
Because this webinar will concern strategic approaches to agency rulemaking, general counsel and Washington representatives with principal responsibility for regulatory affairs and practices would benefit from the webinar.
- Paul R. Verkuil, Chairman | Administrative Conference of the United States
- Bert W. Rein, Partner | Wiley Rein LLP
- Thomas W. Queen, Partner | Wiley Rein LLP
- Helgi C. Walker, Partner | Wiley Rein LLP
Using the D.C. Circuit’s recent decision on the SEC’s Proxy Access Rule as a catalyst, this webinar will explore new judicial approaches to oversight of agency rulemaking, as appellate advocates seek more assertive judicial oversight despite the Supreme Court’s decision in Chevron U.S.A. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). The webinar will first review the recent history of judicial oversight of agency rulemaking, with a focus on the nature of review prior to Chevron, the impact of the Chevron decision and the fairly constrained review of legal issues since that decision. The focus will then shift to the D.C. Circuit’s decision on the SEC’s Proxy Access Rule, Business Roundtable and Chamber of Commerce of the United States v. SEC, No. 10-1305 (D.C. Cir. July 22, 2011), and the renewed emphasis on more exacting review of the administrative record reflected in that decision, both implicitly and explicitly. Finally, the webinar will discuss the implications of the Proxy Access decision and the judicial concerns embodied in that and similar appellate decisions for litigants’ approaches in current and future agency rulemaking proceedings (for example, issues to be raised, evidence presented, etc.).