Participation in the U.S. Administrative Process

Wagner, Wendy (2015) Participation in the U.S. Administrative Process. [Conference Proceedings] (Submitted)

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Abstract

Introduction: This chapter extracts these two competing stories of U.S. administrative process. After surveying the formal requirements of U.S. administrative law in the first section, the second section considers the various ways in which the stated goal of ensuring diverse participation can be undermined in the real world. The third section then draws out some of the most important differences between this account of the U.S. regulatory system and rulemaking in the European Union (EU). This preliminary analysis suggests that, once the empirical realities of U.S. process are taken into account, rulemaking in the EU and the U.S. may not be so different after all. The final section closes with the identification of a few features of the EU system that might be worthy of borrowing in the reform of U.S. administrative process.

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