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Blog

Stealth Regulation: Regulation by Any Other Name Is Just as Sour

When the media and the public think about the term “regulation” they tend to think about official rules issued by agencies after going through the standard multi-year regulatory process. This process, governed by the Administrative Procedure Act, is designed to be transparent and public, allowing potentially affected parties to engage in the development of the rule though comments, hearings, and other less formal discussions. But this formal, open process is not the only way the administrative state regulates. There are huge classes of administrative actions which together create a category of stealth regulation; regulation from the shadows that is difficult to challenge, difficult to keep track of, and often difficult to know how to even comply with.

09/22/2016
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Blog

Secret Deals for Special Interests: Sue-And-Settle and the Regulatory State

A federal law called the Administrative Procedure Act (APA) is supposed to govern how regulations are developed and implemented. The APA requires providing notice to the public of the content of regulations at several steps during the regulatory process and giving the public an opportunity to participate in the regulatory process. This is intended to allow scrutiny of regulatory actions and prevent secret negotiations among regulators behind closed doors.

07/29/2016