Insights on Rulemaking & Legislative Support

The US Supreme Court’s decisions of late have been consequential. While headline-grabbing decisions deal with religious liberties, privacy, and gun control, the Court’s impact on administrative law will have major consequences as well.

The Center for Disease Control’s (CDC) “Mask Mandate” was recently vacated by a Florida district court on the grounds that it exceeded CDC’s statutory authority and violated the procedures for executive branch rulemaking set forth under the federal Administrative Procedure Act (APA).

New legislation often starts a cat-and-mouse game between the executive branch and regulated entities related to how statutory language is implemented. While we often write about environmental statutes, the procedural mechanisms governing how statutes may be implemented are generally similar.

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