Completed projects

Statement #19 – Issue Exhaustion in Pre-Enforcement Judicial Review of Administrative Rulemaking examines judicial application of an issue exhaustion requirement in pre-enforcement review of administrative rulemaking.

Recommendation 2017-6 – Learning from Regulatory Experience, formerly titled Regulatory Experimentation, offers advice to agencies on learning from different regulatory approaches. It encourages agencies to collect data, conduct analysis at all stages of the rulemaking lifecycle (from pre-rule analysis to retrospective review), and solicit public input at appropriate points in the process.

Recommendation 2011-1 – Legal Considerations in e-Rulemaking provides guidance on issues that have arisen in light of the change from paper to electronic rulemaking procedures.

Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments – offers agencies best practices for managing mass, computer-generated, and falsely attributed comments in agency rulemakings.

Recommendation 2017-4 – Marketable Permits provides best practices for structuring, administering, and overseeing marketable permitting programs for any agency that has decided to implement such a program. 

Recommendation 2012-2 – Midnight Rules addresses several issues raised by the publication of rules in the final months of a presidential administration and offers proposals for limiting the practice by incumbent administrations and enhancing the powers of incoming administrations to review midnight rules.  

The Model Adjudication Rules are designed for use by federal agencies to amend or develop their procedural rules for all stages of administrative adjudication. Numerous agencies have relied on the Model Rules to improve existing adjudicative schemes, and new agencies, like the Consumer Financial Protection Bureau, have relied on them to design their procedures.

In Recommendation 2021-9, Regulation of Representatives in Agency Adjudicative Proceedings, the Administrative Conference of the United States recommended that the ACUS Office of the Chairman “consider promulgating model rules of conduct” consistent with the Recommendation and, in doing so, “seek the input of a divers

This report examines how nationwide injunctions and similar equitable remedies affect the administration of federal regulatory programs.

Recommendation 2017-2 – Negotiated Rulemaking and Other Options for Public Engagement offers best practices to agencies for choosing among several possible methods—among them negotiated rulemaking—for engaging the public in agency rulemakings. It also offers best practices to agencies that choose negotiated rulemaking on how to structure their processes to enhance the probability of success.