Why care about federal rulemaking?
Definitions
Avoiding rulemaking procedures
Initiation of a rule: ideas, directives, and petitions
Developing the rule
Making, assembling, and responding to comments
Analysis and impact requirements
Agency handling of the rulemaking comments
Negotiated rules & consent settlements
Preambles & history of rules
Political influence on final rules
Making a rule "final" and "effective"
How do courts review final rules?
Courts respond to delays in rulemaking or refusals to adopt rules
Procedural defenses against rulemaking litigation
When is a rule arbitrary or otherwise vulnerable to reversal?
Reviewing rules for substantial evidence support
When will courts defer to agency choices in rulemaking?
Other bases for judicial review of final rules
Effects of congressional choices
Preemption of state actions by federal rules
Rulemaking contrasted to adjudication.