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  • Supreme Court Clarifies Requirement for Agencies to Respond . . . - Nossaman
    The week of June 23, 2024, in Ohio v Environmental Protection Agency, the U S Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking process, a court may consider the final rule unlawful When a federal agency engages in rulemaking, the Administrative Procedure Act (APA) requires the agency to publish a
  • Interim Final Rules and the APA: Some Rule of Law Problems – Thomas E . . .
    The familiar procedure of notice-and-comment rulemaking, set forth in § 553 of the APA, requires that agencies publish a general notice of a proposed rulemaking in the Federal Register, give “interested persons an opportunity to participate in the rule making” by submitting comments, and then, “ [a]fter consideration of the relevant
  • The Duty to Respond to Rulemaking Comments - Yale Law Journal
    This Essay examines the legal foundations for this duty, the policies that support it, and the circumstances in which it comes into play It also suggests that the duty to respond to comments provides helpful context for evaluation of an agency’s responsibilities following interim final rulemaking
  • What Is an Interim Final Rule and How Does It Work?
    An interim final rule is a federal regulation that takes legal effect immediately upon publication, skipping the usual public comment period that comes before most rules are finalized Federal agencies use this tool when circumstances demand speed, but the process comes with legal constraints that matter to anyone subject to the rule The Administrative Procedure Act allows this shortcut only
  • Public Engagement in Expedited Agency Rulemaking
    ACUS also suggests a comment period of at least 30 days for most interim final rules, and of at least 60 days for “major rules ” Finally, ACUS makes clear that agencies, after publishing an interim final rule, should respond to significant comments and publish a final rule “as expeditiously as possible,” while prioritizing major rules
  • 40_Responding to Rulemaking Comments - acus. gov
    Responding to Rulemaking Comments What are agencies’ legal obligations to request and consider comments in notice-and-comment rulemaking? Under the Administrative Procedure Act, agencies must give interested persons the opportunity to submit comments on proposed rules IIB-014
  • Interim Final Rule (IFR) - Westlaw
    An agency may solicit comments on an interim final rule after it becomes effective, and may replace or change the interim final rule as a result of public comment When making rules, US federal agencies are required to adhere to procedures mandated by the Administrative Procedure Act (APA)
  • Regulations. gov
    Rulemaking is the policy-making process for Executive and Independent Agencies of the federal government Agencies use this process to develop and issue Rules (also referred to as “regulations”) The process is governed by laws including but not limited to the Administrative Procedure Act (APA) (5 U S C Chapter 5), Congressional Review Act, Paperwork Reduction Act, and Regulatory
  • Interim Final Rules: A Primer - AAF
    EXECUTIVE SUMMARY Interim final rules (IFRs) are rules issued by federal agencies that become effective upon publication without first seeking public comment on the rule’s substance Used during emergencies and other times of need, IFRs can help expedite the regulatory process to quickly put in place binding regulatory requirements Because IFRs offer agencies advantages over […]
  • The Reg Map - REGINFO. GOV
    An interim final rule adds, changes, or deletes regulatory text and contains a request for comments The subsequent final rule may make changes to the text of the interim final rule
  • Notice and Comment
    I INTRODUCTION When an agency wants to promulgate, amend, or rescind a regulation, the Administrative Procedure Act (APA) generally requires notice and comment: the agency must give the public notice of its plans in a proposed rule, invite and consider comments on that proposal, and then respond to those comments in any final rule 1 These general requirements are subject to certain narrow





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