Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?

On June 18, 2019, the Federalist Society’s Article I Initiative and Regulatory Transparency Project hosted a panel on “Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?” at the National Press Club in Washington DC.

In his recent article, “Strategic Institutional Positioning: How We Have Come to Generate Environmental Law Without Congress,” Donald Kochan lays out the argument that delegation of authority to agencies serves the interests of both sides of Congress. What are the advantages and disadvantages of such a system? Should specialized bureaucrats do the lion’s share of rulemaking? Or should elected Senators and Congressman, often without the same level of expertise, write the rules that govern our nation?

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Brianne Gorod

Chief Counsel

Constitutional Accountability Center


Andrew Grossman

Partner

Baker & Hostetler LLP


Donald Kochan

Professor of Law and Deputy Executive Director, Law and Economics Center

Antonin Scalia Law School, George Mason University


Robert Percival

Professor of Law and Director, Environmental Law Program

University of Maryland School of Law


Jeffrey Holmstead

Partner

Bracewell LLP


Federalist Society’s Article I Initiative

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