Meet Lisa Heinzerling, Justice
William J. Brennan, Jr., Professor of Law, at Georgetown University Law
Center. Below, Prof. Heinzerling shares
her experiences in administrative law and her thoughts on OIRA and federal
agencies.
1. What led you to
a career in law? How did you become
interested in studying and teaching administrative law?
I studied philosophy in
college, and I loved the close attention to language and the analytical care it
required. I thought law would require
similar capacities, but with a more focused attention on concrete problems.
2. What experiences
with administrative or regulatory law have you had?
After my clerkships and a stint
as a Skadden Fellow at a public interest group in Chicago, I worked for three
years as an assistant attorney general in Massachusetts. I worked in the environmental protection
division of the attorney general’s office, focusing on environmental law. When
I came to Georgetown, I taught administrative/regulatory subjects like
environmental law and natural resources law, then branched out to
administrative law itself and to food and drug law. Through most of my time at Georgetown, I have
been involved in various ways in litigation involving administrative/regulatory
matters. I took a two-year leave of absence from Georgetown in 2009-10 to work
at the U.S. EPA.
3. As someone who
has written extensively about the federal agencies, what do you think is the greatest
challenge facing agencies and advocates involved in assessing or creating regulations? Are there any “best practices” that attorneys
involved in the process should follow?
One of the greatest challenges
facing agencies and advocates today is that there are simply not enough agency
resources to do all of the things that agencies are legally authorized and
indeed required to do. Agencies aren’t
terribly good at setting out their priorities in a way that maximizes their
effectiveness, and advocates are, understandably, frustrated when agencies
decline to take legally required action.
4. How would you
characterize the relationships between the federal agencies and OIRA? Are there ways in which either OIRA or the
agencies should change the way in which they communicate or otherwise interact
with each other?
The relationships between the
federal agencies and OIRA are challenging because the agencies are the entities
charged by Congress with certain responsibilities and are structured to bring
maximal expertise to bear in exercising those responsibilities. OIRA is not charged by Congress with
implementing statutes (other than the Paperwork Reduction Act) and its
expertise is narrower than that of the agencies.
5. At a more
general level, what do you think has been the most significant impact that OIRA
has had on how regulations are created or amended?
One of the most significant yet
nonobvious effects of OIRA is to create uncertainty within agencies about
whether their decisions will see the light of day. Rules can take years to develop, and yet they
might not emerge from OIRA at all or might not emerge in a form anything like
the one they had when they went to OIRA for review. The uncertainty created by
the vagaries of the OIRA process is not great for agency staff morale and, I
think, limits the creativity staff exercise even in the very first stages of
developing rules.
6. For law students
considering a career in administrative law, how would you suggest they learn
about and explore the field? Are there
courses in addition to administrative law that you think would be particularly
useful for them?
Students should understand that
“administrative law” is always practiced within the context of a particular
problem being addressed by a particular agency.
Beyond taking administrative law itself, students can best explore the
field by taking subjects in specific regulatory areas, such as environmental
law, securities regulation, food and drug law, etc.
7. Outside of the
law, what are your favorite activities or hobbies?
Spending time with my
family. I also like to run and to
garden, although I don’t have any particular aptitude for either.
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