President
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 enforcement. Critics view such guidance as an improper shortcut around formal rulemaking.
“For many decades, federal agencies have been issuing thousands of pages of so-called guidance documents—a pernicious kind of regulation imposed by unaccountable bureaucrats in the form of commentary ...