Agency Avoidance of Rulemaking Procedures

摘要: This Article analyzes when and why administrative agencies avoid rulemaking procedural requirements such as the Administrative Procedure Act’s notice-and-comment process. Article’s original empirical analysis shows that invoke statutory exemptions to procedures more frequently threat of a lawsuit challenging avoidance declines. In situations with low suit, have avoided for than 90 percent rules. Such falls suit increases. But even litigation ensues, courts do not consistently require comply procedures. spotty judicial enforcement, along significant agency avoidance, casts doubt on claim significantly burdened At same time, suggests less commonly thought promote public deliberation in process, foster expertise, guard against arbitrariness, make accountable Congress public. has some benefits, but also many costs.