ARTICLE
24 December 2013

The Behind Closed Door Policy: Executive Influence in the Environmental Protection Agency's Informal Rulemaking

W
WilmerHale

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WilmerHale provides legal representation across a comprehensive range of practice areas critical to the success of its clients. With a staunch commitment to public service, the firm is a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 12 offices in the United States, Europe and Asia.
In 2011, the Environmental Protection Agency ("EPA") concentrated its efforts on reducing ozone standards throughout the United States.
United States Environment

Introduction

In 2011, the Environmental Protection Agency ("EPA") concentrated its efforts on reducing ozone standards throughout the United States. The lower standards were controversial—pitting environmentalists against businesses. The agency worked diligently to consider every opinion on the potential regulation. On the eve of promulgating the new, lower standards, the Obama administration requested that the EPA delay issuing the final rule—the agency obliged.1 Executive influence over agency rulemaking is common, but is it desirable?

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Originally published in the winter 2013 edition of USF Law Review (Vol. 47, Issue 3).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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