notice and comment rulemaking

Under this tag, visitors can explore a comprehensive overview of the process by which federal agencies develop new regulations, including detailed explanations of public participation through written comments. Readers will find insightful articles and video interviews with legal experts discussing key aspects of administrative law and regulatory practices. This resource is ideal for those seeking to understand the legal framework and procedural steps involved in the creation and modification of federal regulations.

Guidelines Agencies Must Follow to Avoid Unfair Decision-Making

Are there specific procedural requirements that agencies must follow to avoid arbitrary decisions?

Yes—agencies must follow required procedures such as giving notice, building an adequate administrative record, considering relevant factors, and providing a reasoned explanation, or their actions can be struck down as “arbitrary and capricious” under the Administrative Procedure Act. Courts review whether the agency ignored evidence, failed to explain policy changes, or departed from its own […]

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Trump Lawsuits Administrative Procedure Act Legal Impact

Administrative Procedure Act: The Key Law in Trump Administration Lawsuits

The Administrative Procedure Act (APA) is the key law in many Trump administration lawsuits because it requires federal agencies to follow specific procedures and avoid “arbitrary and capricious” decisions. Since January 2025, challengers have repeatedly used the APA to contest executive-driven agency actions in federal court. This article explains the APA’s core requirements and why

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