Background: In the last three months of a presidential administration, rulemaking activity increases considerably when compared to the same period in a non-transition year.* Although part of this increase likely results from ordinary procrastination and external delays, scholars have suggested that administrations also use the “midnight” period more strategically. First, administrations are said to have reserved...
This project examined the Paperwork Reduction Act (“PRA”), 44 U.S.C.
Recommendation 2012-6, “Reform of 28 U.S.C. Section 1500,” urges Congress to repeal Section 1500, which divests the U.S. Court of Federal Claims of jurisdiction when a plaintiff has claims against the government based on substantially the same operative facts pending in another court, and replace it with a provision that would create a presumption that in such circumstances, later-filed actions would be stayed.
At its Plenary Session on December 9-10, 2010, the Administrative Conference of the United States adopted Recommendation 2010-1, regarding agency procedures for determining whether to preempt state law. This recommendation is the result of the public, consensus-driven work of the Committee on Regulation of the Assembly of the Conference.
Background: Agencies wishing to promulgate regulations face an array of procedural requirements. In addition to the basic notice-and-comment requirements of the Administrative Procedure Act, see 5 U.S.C.
Agencies conduct most rulemaking proceedings via the process of “notice and comment.” Under this process, an agency publishes notice of a proposed rule in the Federal Register, gives the public a period of time in which to comment, and then issues a final rule after considering the comments received. See 5 U.S.C. § 553.
Agencies in diverse areas of regulation are using or contemplating the use of private third parties to carry out inspections and verify that regulated entities are in conformity with standards and other requirements. Moreover, Congress appears enthusiastic about third-party verification, having mandated or authorized its use in recent legislation. For example, see Title III of the Food Safety Modernization Act of 2011 (Pub. L 111-353).
At its Plenary Session on June 16-17, 2011, the Administrative Conference of the United States adopted Recommendation 2011-4, regarding the use of video hearings by federal government agencies with high volume cases loads as a means of reducing caseload backlog and conducting more efficient adjudication. This recommendation is the result of the public, consensus-driven work of the Committee on Adjudication of the Assembly of the Conference. ...