Tag: administrative state
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Survey reveals state limits on who can challenge agency actions in court
A Ballotpedia survey of all 50 state constitutions and administrative procedure acts (APAs) revealed that 42 states place limits on access to state courts to challenge agency actions. For this survey, Ballotpedia set out to learn whether states limited who could challenge the outcome of agency adjudication actions in court. Most states allowed any aggrieved…
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Checks and Balances: June 2020
The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process and the rule of law. This edition: In this month’s edition of Checks and Balances, we review the potential implications of the coronavirus pandemic…
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Ballotpedia study examines statutes governing state-level judicial deference to agency interpretations
Two Ballotpedia surveys of all 50 state constitutions and administrative procedure acts (APAs) analyzed the different ways states approach judicial deference to administrative agencies. Judicial deference — the principle of judicial review in which a court yields to an agency’s interpretation of a statute or regulation — is one of five pillars key to understanding…
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Trump vetoes CRA resolution that aimed to block student loan rule
On May 29, President Trump vetoed a resolution passed under the Congressional Review Act (CRA) to block a U.S. Department of Education (DOE) rule related to government forgiveness of certain student loan debt. Congress would now have to override his veto to block the rule. In his veto message, Trump said, “Whereas the last administration…
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Unanimous U.S. Supreme Court rejects appointments clause challenge to Puerto Rican debt board
On June 1, a unanimous U.S. Supreme Court ruled that the Appointments Clause of the U.S. Constitution does not require members of the Puerto Rican Financial Oversight and Management Board (FOMB) to face confirmation by the U.S. Senate. The Appointments Clause gives the president authority to appoint officers of the United States, subject to confirmation…
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OIRA reviewed 56 significant rules in May
The White House Office of Information and Regulatory Affairs (OIRA) reviewed a total of 56 significant regulatory actions issued by federal agencies in May 2020. The agency approved 13 rules without changes and approved the intent of 40 rules while recommending changes to their content. Agencies withdrew three rules from the review process. OIRA reviewed…
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Group of states and cities sue Trump administration over rollback of Obama administration fuel efficiency standards
A group of 23 states, 4 cities, and the District of Columbia are challenging in court Trump administration efforts to change federal fuel efficiency requirements established by the Obama administration. On May 27, the group filed a lawsuit in the United States Court of Appeals for the D.C. Circuit asking the court to review new…
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Federal Register weekly update; smallest weekly final rule total since first week of January
The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity. From May 25 to May 29, the Federal Register grew by 1,620 pages for a year-to-date total of 32,976 pages. Over the same…
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New regulation allows U.S. Secretary of Labor to overturn agency appeal decisions
New regulations from the U.S Department of Labor (DOL) might allow the public to hold the agency more accountable for decisions it makes during adjudication. On May 20, Secretary of Labor Eugene Scalia published a final rule that establishes a system allowing him to review cases decided by the agency Administrative Review Board (ARB) and…
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Trump executive order aims to protect procedural rights in agency adjudication
President Donald Trump (R) on May 19 issued an executive order aimed at providing regulatory relief to spur economic recovery from the coronavirus pandemic. In addition to targeted regulatory actions, the order also contains provisions that seek to promote economic recovery by safeguarding procedural rights and ensuring fairness in agency adjudication and enforcement. The order…