Petition for Rulemaking: Promulgate Regulations Prohibiting the Issuance, Reliance On or Defense of Improper Agency Guidance
December 20, 2018
Re: Petition for Rulemaking to Promulgate Regulations Prohibiting the Issuance, Reliance on, or Defense of Improper Agency Guidance
As the petition sets out in detail, NCLA asks DOT to cease its ad hoc promulgation of guidance by which DOT or the agencies under its auspices seek to bind private parties with the force of law.
By following the constitutional requirements outlined in the Justice Department memos, DOT policy will be more durable, surviving court challenges as well as the preferences of the current administration.