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Administrative Law Practitioners Grappling With Guidance Orders

Nov. 15, 2019, 10:43 PM

Two executive orders limiting guidance from federal agencies have raised fears that agencies may simply cut off communications rather than issue advisory documents.

Regulatory scholars and law practitioners are still struggling to understand how the two orders—EO 13891 and EO 13892—will be implemented, flooding panelists with questions Nov. 15 at the 2019 law conference sponsored by the American Bar Association’s Section of Administrative Law and Regulatory Practice.

Industries often seek guidance from agencies to help them comply with complex rules. These agency policy statements—memorandums, circulars, bulletins, and letters—aren’t legally binding, but often can serve as the basis for...

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