May 21, 2019

Rulemaking process on agenda at ABA 15th Annual Administrative Law & Regulatory Practice Institute

WASHINGTON, May 21, 2019 — As the Trump administration’s legislative priorities continue to unfold, regulatory actions, rulemaking discussions and judicial review will be highlighted at the American Bar Association’s 15th Annual Administrative Law and Regulatory Practice Institute, May 31 at the Ritz-Carlton Pentagon City in Arlington, Va. 

What:    
15th Annual Administrative Law and Regulatory Practice InstituteSponsored by the ABA Section of Administrative Law and Regulatory Practice

When:    
May 31, 2019

Where:   
Ritz-Carlton Pentagon City    
1250 S. Hayes Street
Arlington, VA  22202

Program highlights include:

·        “The Rulemaking Process” This panel will provide an introductory/refresher course on the procedural steps, legal requirements and practical constraints applicable to issuing rules. The course will be co-taught by a team of lawyers with government and private practice experience, each bringing out considerations most relevant from their particular perspectives. Speakers are Andrew Emery, president of The Regulatory Group Inc.; Daniel Cohen, assistant general counsel at the U.S. Department of Energy; Russell Frye of FryeLaw, Washington, D.C.; and Bridget C.E. Dooling, professor at The George Washington University Regulatory Studies Center. 8:30-10 a.m.

·        “Judicial Review of Rules” This panel will provide an introductory/refresher course on judicial review of rulemaking. The panel will present government and private practice perspectives on procedural and strategic considerations, legal standards and practical constraints applicable to challenging (or defending) regulations in court. Speakers are: Steve Lahotsky, chief counsel for regulatory regulation at U.S. Chamber of Commerce National Chamber Litigation Center; Melissa Patterson, with the U.S. Department of Justice Civil Division; and Joshua Turner, partner at Wiley Rein, Washington, D.C. 10:15-11:45 a.m.

·        “Adjudication 101: The New World of Agency Adjudication” In 1946, the Administrative Procedure Act (APA) set forth the criteria for “formal” adjudication, requiring an administrative law judge to make the initial determination and the agency head to have the final word. That is the lost world. Today, the vast majority of agency adjudications Congress has created are not paradigmatic “formal” adjudications as set forth in the APA. It turns out that there is great diversity in the procedures by which federal agencies adjudicate. This new world involves a variety of less-independent administrative judges, hearing officers and other agency personnel adjudicating disputes. In a number of recent decisions, the Supreme Court has grappled with the constitutional contours of this new world of agency adjudication; so has Congress, the president and the agencies themselves. This panel will bring together agency officials and scholars of agency adjudication to explore recent developments in agency adjudication and discuss what the future of this new world may hold. Speakers are: Emily Bremer, associate professor of law, Notre Dame Law School; Nadine N. Mancini, general counsel, Occupational Safety & Health Review Commission; Christopher J. Walker, associate professor of law, The Ohio State University; and Matthew Lee Wiener, vice chair/executive director, Administrative Conference of the United States. 1:15-2:45 p.m.

·        “Statutory Interpretation 101” — There are many ways to approach the process of interpreting a statute. Textualism is an interpretative approach that relies heavily on the intrinsic sources to determine meaning. Intentionalism is an interpretative approach that relies heavily on extrinsic sources, particularly the legislative history, to discern the enacting legislature’s specific intent. Finally, purposivism is an interpretative approach that searches all of the sources to discern the enacting legislature’s general intent, or purpose. This panel will explain the linear approach to interpretation. The linear approach is a step-by-step process that will appeal to textualist, intentionalist and purposivist judges alike. Speakers are: Adam J. White, assistant professor and executive director, the C. Boyden Gray Center for the Study of the Administrative State, George Mason University’s Antonin Scalia Law School; and Linda Jellum, Ellison Capers Palmer Sr. Professor of Law, Mercer University School of Law. 3-4:30 p.m.

For a complete agenda, please click here.

There is no charge for media covering this event. This conference is co-located with the 13th Annual ABA Homeland Security Law Institute, to allow media to cover both events. To register, please contact Jennifer Kildee at 202-662-1732 or Jennifer.Kildee@americanbar.org.

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