The SEC’s Made-up Power to Punish

The SEC’s Made-up Power to Punish

             At some point in every lawyer’s career, they become familiar with, what I call, “hallway law.” This is the set of rules that everyone seems to think apply, but don’t actually have any basis in the law. Hallway law exists merely from inertia, but it can be...
Ignoring Reality and the Law of Unintended Consequences

Ignoring Reality and the Law of Unintended Consequences

 The United States Forest Service (“USFS”) dropped the “Roadless Rule” (66 Fed.Reg. 3244) on the public in the last ten days of the Clinton administration, the outcome of which was to essentially deny access to and management of 58.5 million acres of National Forest...
The Wholesale Nullification of FOIA

The Wholesale Nullification of FOIA

               The Freedom of Information Act, or FOIA, is one of the most important legal tools Americans have for ensuring the federal government is transparent. Given the mammoth size of the federal bureaucracy, FOIA helps inform Americans of “what their government...
The Next Level of Rulemaking Madness

The Next Level of Rulemaking Madness

Despite the fact that both the Constitution and Administrative Procedure Act prohibit the practice, federal agencies often engage in the common-place tactic of issuing informal interpretations, fact sheets, and other forms of “guidance,” the practical outcome of which...
Time to Clear the Fog of Agency Secrecy from the Swamp

Time to Clear the Fog of Agency Secrecy from the Swamp

The two executive orders issued by the White House—“Bringing Guidance out of the Darkness,” and “Transparency and Fairness”—promise to start clearing the fog of faulty guidance documents issued by federal administrative agencies in the so-called Washington D.C....