When Does a Regulation Become Final?
Today, in National Council of Agricultural Employers v. U.S. Department of Labor, the U.S. Court of Appeals for the D.C. Circuit helped bring a little more clarity to the question of when a new regulation becomes binding upon the public. Senior Circuit Judge Ginsburg wrote for court, joined by Judges Katsas and Childs.
The introduction of Judge Ginsburg’s opinion effectively summarizes the nature and significance of the dispute, and the court’s conclusions.
This case presents a recurring question of administrative law: At what point does a substantive rule submitted by an agency to the Office of the Federal Register (OFR) for publication become final so that it cannot be withdrawn or amended without going through the notice-and-comment requirements of the Administrative Procedure Act? The answer to this question is particularly significant during transitions between one presidenti
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
