A Guide to Federal Agency Rulemaking, 5th Edition

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.