May 11, 2017

Executive orders, NAFTA 2.0 on agenda at ABA Administrative Law & Regulatory Practice Institute

WASHINGTON, May 11, 2017 — As the Trump administration’s legislative priorities continue to unfold, regulatory actions and congressional oversight discussions will be highlighted at the American Bar Association’s 13th Annual Administrative Law and Regulatory Practice Institute, May 18-19 at the Capital Hilton in Washington, D.C. Day one features a half-day program, “Rulemaking 101, The Rulemaking Process and Judicial Review of Rules,” while day two covers “Administrative Law in Changing Times: A Moment of Uncertainty.”

What:     13th Annual Administrative Law and Regulatory Practice Institute

              Sponsored by the ABA Section of Administrative Law and Regulatory Practice

When:     May 18-19

Where:    Capital Hilton

               1001 16th Street NW

               Washington, D.C. 20036

Program highlights include:

“From the ‘Pen and Phone’ to the Federal Register” For decades, presidents have played an ever-growing role in the agencies’ rulemaking process—as then-Professor Elena Kagan recognized in her seminal article, Presidential Administration. President Obama, for example, announced that he would use his “pen and phone” to make policy in lieu of new legislation. President Trump seems to be continuing this trend: in the weeks following his inauguration, he issued a series of executive orders intended to start and shape a variety of rulemaking processes. Is this innovative, or precedented? What will be the legal and practical impacts of these orders?  May 19, 10:15-11:15 a.m.

“Retrospective Review, Really” Although it has been discussed for decades, real retrospective review has proved elusive. Presidents have sought to study how regulations work in practice, their actual costs and benefits, and their unintended consequences, but such efforts have generally not been systematic or thorough. This panel will explore the possibilities for retrospective review in the new administration. How will the two-in-one-out and regulatory cost executive orders affect retrospective review? Congress also is weighing a number of regulatory reforms; will these help support more consistent retrospective review? Will judicial review standards evolve with information provided through retrospective review? This panel will discuss what retrospective review is, what new legal requirements are found in the executive orders, and what impact the new requirements and elimination of regulations will have on the process of retrospective review. May 19, 2-3 p.m.

“NAFTA 2.0: Can the Renegotiation of NAFTA Provide an Opportunity to Reduce Regulatory Costs through Improving Regulatory Coherence and Deepening North American Regulatory Alignment?” — The upcoming renegotiation of NAFTA raises the possibility that new regulatory chapters could be included that would enhance regulatory coherence and deepen sectoral regulatory alignment in North America. Companies regularly cite the need to comply with different regulatory regimes across multiple jurisdictions as raising their costs and even serving as de facto market access barriers, especially for small enterprises. Stakeholders could ask the negotiators to try to better align how Canadian, Mexican and U.S. agencies regulate by negotiating principles and disciplines on how they will (and will not) regulate, both in general and with respect to specific sectors. Given the administration’s strong focus on streamlining regulation and reducing regulatory costs, some of the new administration policies on regulation could also find their way into a NAFTA 2.0 chapter on regulatory coherence. This panel will explore how NAFTA and other recent free trade agreements address regulatory coherence and alignment issues, as well as the potential for including new regulatory provisions in a NAFTA 2.0. May 19, 3:15-4:15 p.m.

For a complete agenda, please click here.

There is no charge for media covering this event. To register, please contact Jennifer Kildee at 202-662-1732 or

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