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A Guide to Federal Agency Rulemaking, Fifth Edition |
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Given the extensive use of rule making in federal agencies, it is important that agency rulemakers have available as clear guidance as possible. As procedures governing the rulemaking process have proliferated since the Administrative Procedure Act was enacted, the potential procedural pitfalls have multiplied. This fifth edition continues the tradition, and brings the Guide up to date with respect to recent cases and changes introduced during the second term of the Bush II Administration, and the first three years of the Obama Administration.
This Fifth Edition retains the basic organization of the previous four, containing four parts: Part I is an overview of federal agency rulemaking and describes the major institutional "players" and historical development of rulemaking. Part II describes the statutory structure of rulemaking, including the relevant sections of the Administrative Procedure Act (APA) and other statutes that have an impact on present-day rulemaking. Part III contains a step-by-step description of the informal rulemaking process, from the preliminary considerations to the final rule. Part IV discusses judicial review of rulemaking. Appendices include some key rulemaking documents.
Moreover, the rise of "e-rulemaking" has continued to be dramatic since 2006, with the large majority of public comments now being filed electronically--with many ramifications that were absent in the era of "paper" rulemaking. And there have been numerous new significant lower court decisions as well. This edition also continues to emphasize court decisions concerning rulemaking procedure and the judicial review of rules.
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This comprehensive overview of federal agency rulemaking, ranging from the big picture to brass tacks, is an essential guide for any lawyer who writes, reads, challenges, seeks to influence the content of, or teaches about regulations---in short, just about any lawyer, period. In a word: indispensable.
Michael Herz, Arthur Kaplan Professor of Law
Benjamin Cardozo School of Law
No matter what your level of expertise, Jeff Lubbers' book tells you just what you need to know about federal rulemaking and judicial review. Always in admirably "plain language", he masterfully takes you through the basics, step-by-step, in an extremely well-organized setting. And along with all the basics, he presents insightful and nuanced commentary with an amazing wealth of citations and references. The book is comprehensive and current (with citations into 2012), and is both academically solid and "real-world practical" in approach. The excellent Table of Contents and Index are sure to help you find with ease the latest on any specific issue you are researching.
Richard G. Stoll
Partner, Foley & Lardner LLP, Washington, DC
Author of Effective EPA Advocacy (Oxford University Press, 2011)
With its concise presentation, balanced tone, and straight-forward organization, the Guide offers practitioners and scholars an ideal reference guide to this complex topic. I am delighted that it has been updated in such a well-informed, insightful, and capable fashion.
Ronald M. Levin, William R. Orthwein Distinguished Professor of Law
Washington University School of Law
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