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The transformation of modern administrative law
Kalen, Sam
Kalen, Sam
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Abstract
"This Article addresses administrative law principles that apply to interpretive rules and guidance documents. Agencies today often rely heavily on the development of such documents. With the widely-touted “ossification” of the rulemaking process and the need for agencies to adapt to new circumstances, new court decisions, and changing administrations, interpretive rules and guidance documents are increasingly necessary, particularly for agencies implementing environmental and natural resource programs. Yet, administrative law principles governing the treatment of such documents are too vague. The long-standing difficulty of distinguishing between legislative (substantive) rules and non-legislative rules, when coupled with the doctrines of finality, ripeness and deference to agency interpretations all converge to demonstrate the need for clarity to ensure that new administrations will enjoy sufficient flexibility to modify such documents and change course." (p. 1)
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Article
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2008
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With permission of the license/copyright holder