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Tag: Red Tape Rollback

April 11, 2018

Asking agencies to follow the rules isn’t asking too much

Accountability is sorely lacking in the administrative state. Unelected, unaccountable bureaucrats make decisions significantly affecting our daily lives with too little involvement from our elected officials. The Congressional Review Act was intended to restore at least some degree of democratic accountability to the administrative process. It req ...

October 31, 2017

PLF appeals Alaska permafrost “wetland” case

PLF filed a notice of appeal in Tin Cup, LLC v. Army Corps of Engineers. PLF represents a small, family-owned pipe fabrication company in Alaska which wishes to relocate to a new site for its expanding business. ...

August 04, 2017

PLF files brief reiterating need to dismiss lawsuit challenging use of the Congressional Review Act

As reported on redtaperollback.com, last week a federal court in Alaska granted PLF's motion to intervene in a lawsuit over the use of the Congressional Review Act. PLF and its clients Kurt Whitehead, Joe Letarte, the Alaska Outdoor Council, and Big Game Forever, asked to participate in a case brought by the Center for Biological Diversity in ...

March 16, 2017

Public Land Withdrawals Can Be Rolled Back

The Congressional Review Act ("CRA") defines "rule" broadly, to include any regulatory agency document that impacts the general public. The Congressional Review Act adopts the definition of "rule" from Section 551 of the Administrative Procedure Act, with some modifications. Specifically, for the purposes of the CRA, a "rule" is an "agency statemen ...

March 09, 2017

Bureaucrats made accountable to elected officials? Eek!

Our Congressional Review Act project (have you seen the latest at RedTapeRollback.com? Why not?) is starting to ruffle the right feathers: progressive media sites and activists have noticed that their pet regulatory excesses, especially underground rules, are very vulnerable to disapproval under the Congressional Review Act. ...

March 08, 2017

Can agencies avoid congressional oversight by adopting rules without public notice?

As absurd as the titular question seems to ordinary people, an E&E News story quotes several law professors claiming the answer is “yes.” The story is a detailed analysis of the Red Tape Rollback project that Pacific Legal Foundation has launched with its partners—Heritage Foundation, Club for Growth, Competitive Enterprise In ...

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