05/24/2022

Most Federal Agency Regulatory Guidance May Be Invalid, So Now What?

It’s not a new phenomenon, but today’s administrative state is increasingly characterized by agencies issuing “interpretive guidance” instead of troubling themselves with writing rules for public notice and comment (let alone waiting for Congress to pass a law).

Congress has explored the matter, most notably Sen. James Lankford’s (R-Oklahoma) series of hearings on “Examining the Use of Agency Guidance.”

Over in the executive branch, Trump’s executive order on  1-in, two out applies to “significant guidance documents,” something new under the sun.

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