Wednesday, November 30, 2011

Regulatory Accountability Act to House Floor; White House Threatens Veto

The Regulatory Accountability Act, H.R. 3010, is scheduled to be considered on the floor of the House on Thursday, December 1, 2011.  The controversial bill would make sweeping changes to the APA, particularly with regard to its rulemaking provisions.  Today the White House released a Statement of Administration Policy stating that the President's senior advisors would recommend a veto were the bill to reach his desk.

The Section's extensive comments on the bill can be found here; an executive summary of those comments is contained in this post.

Robert A. Anthony (1931-2011)

The Section of Administrative Law and Regulatory Practice, and the larger administrative law community, lost a great friend when Robert Anthony passed away on November 17. Bob, who was GMU Foundation Professor emeritus at the George Mason University School of Law, was a leading administrative law scholar and former chair of the Administrative Conference of the United States.  He was especially well known for his work on "spurious rules," a term he coined. The law school's news release is here.

The Section Council has approved the following resolution in his memory:


WHEREAS our colleague and friend Robert A. Anthony, GMU Foundation Professor Emeritus at the George Mason University School of Law, passed away on November 17, 2011;

WHEREAS Professor Anthony was a long-time and active member of the Section of Administrative Law and Regulatory Practice -- serving with distinction as Secretary, a Member of the Council, and as Chair and Vice Chair of several Section Committees -- and an enduringly faithful supporter of Section activities;

WHEREAS Professor Anthony was among the nation's most distinguished and prolific Administrative Law scholars of his generation, especially as one of the foremost authorities on agency rulemaking and the use and misuse by agencies of policy statements and guidance documents;

WHEREAS Professor Anthony was a dedicated teacher, beloved by his students at the George Mason University and Cornell University Law Schools;

WHEREAS Professor Anthony served with distinction as Chairman of the Administrative Conference of the United States from 1974 to1979, during ACUS's formative years, then as Senior Fellow from 1982 to 1995, and again as Senior Fellow from 2010 until the time of his passing; and

WHEREAS Professor Anthony, in all his dealings with the Section and its members, was a generous and kind colleague, a willing contributor to all manner of activities, a ready mentor, and a devoted and loyal friend --

NOW, BE IT THEREFORE RESOLVED that the Section expresses its sorrow at Bob Anthony’s passing and honors his memory for his many contributions to the Section, the legal profession, legal education, and legal scholarship and, above all, for the friendship he shared with us all.

Unanimously adopted by the Council of the Section of Administrative Law and Regulatory Practice of the American Bar Association this 28th day of November, 2011.