Thoughts on GAO’s New Report on Guidance Documents
Agency use of guidance documents (defined here as agency rules issued as either interpretive rules or policy statements) has been hot topic in administrative law lately. The Supreme Court recently...
View ArticleDoes Procedural Review of Agency Guidance Make Sense? A Recent Example from...
The House Financial Services Committee overwhelmingly passed a bill declaring that the Consumer Financial Protection Bureau’s (“CFPB”) much-debated guidance document (“Bulletin”) on indirect auto...
View ArticleFall 2017 Projects (ACUS Update)
The Administrative Conference of the United States will soon begin fall committee meetings on a slate of projects targeted for completion at the 68th annual plenary session, to be held in December....
View ArticleA Rare Separate Statement (ACUS Update)
Last week, I highlighted ACUS’s five recently adopted recommendations, including Recommendation 2017-5, Agency Guidance Through Policy Statements. It is noteworthy that this recommendation was...
View ArticleOMB’s “Major” Move on Regs & Guidance
The Office of Management and Budget issued a memo on Thursday describing its new approach to its implementation of the Congressional Review Act (CRA). Under the CRA, the Office of Information and...
View ArticleThe New Executive Orders on Guidance: Initial Reactions, by Nicholas R. Parrillo
Following up on Aaron Nielson’s post: The White House yesterday issued two executive orders relating to agency guidance documents. The first is titled Executive Order on Promoting the Rule of Law...
View ArticleGuidance Is Unkillable, by David Zaring
The two anti-guidance executive orders reflect a promise kept to industry, which has vociferously complained about enforcement on the basis of guidance. The campaign against guidance made some progress...
View ArticleNew OIRA Guidance on Guidance
Our blog exploded a couple of weeks ago when the president issued two new Executive Orders related to guidance. In about 24 hours we had four fine contributions, a testament to the blog’s deep bench:...
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