Editor’s Note: Stakeholders considering changes to the Administrative Procedure Act should study its past and its purpose.
From: Notice & Comment | A Blog from the Yale Journal on Regulation and the ABA Section of Administrative Law & Regulatory Practice
In Bipartisan Reform of the APA, Is There “Fertile Ground Here to Actually Get Something Done”?
by Adam White
As Chris noted last night, Senators Portman and Heitkamp introduced legislation to significantly reform and modernize the Administrative Procedure Act of 1946. There is much to be written about this version of the “Regulatory AccountabilityAct,” including its provision for replacing Auer deference with a Skidmore
While regulatory reform tends to be construed as a Republican or conservative attack on administrative agencies per se, Senator Heitkamp is a Democrat, and a progressive one at that. So she brings a particularly interesting perspective to these debates, as exemplified by her remarks last year at the Federalist Society’s annual Executive Branch Review Conference.
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