Two Cheers for Procedural Review of Guidance Documents

Abstract:     
This paper, to be published in See Also, the Texas Law Review's online supplement, is a Response to Mark Seidenfeld, Substituting Substantive for Procedural Review of Guidance Documents, 90 Tex. L. Rev. 331 (2011). It revisits the debate over procedural review of agency guidance documents in light of Professor Seidenfeld’s contribution to that debate; raises questions about whether substantive review of guidance documents is a workable alternative to current doctrine; and concludes with more general thoughts about the intertwining of procedural and substantive review in administrative law.

Number of Pages in PDF File: 13

Keywords: administrative law, rulemaking, notice and comment, legislative rules, nonlegislative rules, guidance documents, hard look review, ripeness, finality

Accepted Paper Series