Hamstringing State Agency Authority to Promulgate Rules: A Questionable Way to Improve Environmental Regulation
Florida State University College of Law Working Paper No. 99-04
36 Pages Posted: 16 Dec 1999
Date Written: November 1999
Florida's Administrative Procedure Act was revised in 1996 and 1999 to impose stringent restrictions on agency authority to promulgate regulations. This Article analyzes the amendments and concludes that their ramifications are far reaching and adverse.
In addition to hindering the ability of agencies to promulgate regulations, the Florida APA amendments will make environmental regulation less flexible. They also risk damaging the already fagile relationship between the federal Environmental Protection Agency and state regulators. It is concluded that reformers' claim to improving the accountability of agency regulations by the means of hamstringing agency authority to promulgate rules is highly questionable.
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