On May 12, the Federal Register put on public inspection a group of 42 proposed and final rules from the Department of Energy. The rules cover a wide variety of topics, ranging from energy efficiency standards to biofuel production to the conditions attached to grants from the Department. Many of these rules are notable for the extreme brevity of their analysis. Taken together, these proposed and final rules offer one of our first windows into the way the new Trump administration intends to expedite the rulemaking process.
The Federal Register generally must put documents it intends to publish on public display a few days before publication. On May 12, the virtual public inspection window was mostly taken up with proposed and final rules from the Department of Energy. DoEoffered for display 29 proposed rules and 13 direct final rules. (The Register also displayed a fourteenth DoE direct final rule that the agency subsequently withdrew.)
The Administrative Procedure Act requires that notices of proposed rulemaking include “either the terms or substance of the proposed rule or a description of the subjects and issues involved.”[1] Courts have interpreted section 553 to require agencies to provide sufficient detail about their proposed rules for the public to comment intelligently on them. Similarly, final rules issued under the Administrative Procedure Act must contain “a concise general statement of their basis and purpose.”[2] Case law requires that statements of basis and purpose contain sufficient detail for courts to conduct “hard look” review under 5 U.S.C. 706’s arbitrariness standard, assessing whether agencies have adequate reasons for the regulations they adopt.Continue Reading Department of Energy Rulemakings Show What’s in Store under Trump’s Deregulatory Initiative