CEI`s Vice-President for Policy Clyde Wayne Crews Jr. talks to the Heartland on the Federal Agencies` backdoor rulemaking.
“The new effort by senators to investigate and scrutinize federal agencies’ skirting of the law is beyond overdue,” Crews said. “Agencies issue far more rules and laws than Congress does. Agencies issue regulations without providing the public adequate notice and providing an opportunity to comment, taking advantage of the ‘good cause’ exemption to bypass the requirement.”
Crews says executive branch agencies’ usurpation of Congress’s authority through the use of regulatory guidelines is just the tip of the regulatory iceberg. “Agencies avoid public and congressional scrutiny by issuing memos, letters, guidance documents, bulletins, and other proclamations and decrees that influence the behavior of the public outside normal [Administrative Procedure Act] processes, let alone constitutional lawmaking processes,” Crews said.