Chapter Five
Links and Resources
Below are links to websites relevant to particular material in chapter five, including all websites specifically mentioned in the text. The numbers to the left indicate the page number of the casebook to which the link is relevant or where the website is referenced.
457 — A few randomly selected examples of agency Rules of Practice, from EPA, the Department of Labor (DOL's lengthy Rules of Evidence are a separate document), and OSHRC
457-61 -- The Department of Labor's Office of Administrative Law Judges. (This site includes lots of information about ALJs and the formal adjudication process within the Dep't of Labor. The link is here not because the Dep't of Labor is particularly important or distinctive, but because it happens to have a good ALJ site, and much of what the DOL ALJ's do is generalizable, so this will give you a better handle on formal adjudications.)
457-61 —Here is the docket from a major FTC adjudication, this against Pom Wonderful for making misleading claims about the health benefits of pomegranate juice. Scrolling through, from the bottom up, gives a sense of what big-time agency adjudications are like: not so different from big-time commercial litigation in the courts. (But bear in mind that (a) not every formal adjudication looks like this and (b) fully litigated FTC adjudications are extraordinarily rare; the agency settles almost all its administrative cases.)
461 -- Many agencies publish their adjudicatory opinions in bound volumes (and on-line counterparts), just like courts. Here are links to the published decisions of the FTC, the NLRB, and the EPA's Environmental Appeals Board.
463 — The more-intricate-than-it-looks rulemaking process invites flowcharts. One well-known example is The Reg Map, which can be obtained as a poster from its creator, ICF Consulting. Public Citizen has produced a somewhat denser flow chart.
463 — A useful overview of the many statutory requirements applicable to agency rulemaking is the Rulemaking Handbook prepared by the U.S. Department of Transportation.
466 -- The current version of the FTC regulation upheld in National Petroleum Refiners Ass’n is here.
476 -- The Medical-Vocational Guidelines challenged in Heckler v. Campbell can be found here.
484 — The peanut butter rulemaking is the stuff of legend. The saga is entertainingly recounted in three 2017 episodes of a podcast called The Uncertain Hour: “The Peanut Butter Grandma Goes to Washington,” “The Peanut Butter Wars,” and “The Peanut Butter Verdict.”
487 -- Today's Federal Register (or, if it's the weekend, last Friday's). Version 1.0 (see below for version 2.0).
487 -- "Federal Register 2.0," a more modern and user-friendly on-line version of the Federal Register.
487 -- regulations.gov, the government-wide e-rulemaking portal.
509 — The Seidenfeld article cited in text, which is mainly an annotated table of analytic requirements for rulemaking.
524 — The fence-height instruction at issue in Hoctor can be found in section 3.2.5.3.1 (at page 3-18) of the USDA Animal Welfare Inspection Guide, issued by the Animal Plant Health Inspection Service. If you did not have the link and the reference, could you find it?
562 — The casebook mentions that many agencies have their own rules about ex parte contacts in rulemaking. For example, the Department of Transportation has adopted a regulation, an order (see paragraph 11), and a lengthy guidance document
562 — The full ACUS recommendation on “Ex Parte” Communications in Informal Rulemaking
631 -- FOIA.gov, a DOJ site that is an excellent source of FOIA information. You can also submit a request through this site.
644 -- The FTC's electronic FOIA reading room
644 -- The Department of State's electronic FOIA reading room
644 -- for other agency electronic reading rooms, see the link to "Federal Administrative Decisions and Other Actions" in the General Resources section
646 -- Obama White House Open Government home page (archived)
646 -- Department of Defense open government page
646 -- EPA’s most recent open government plan (from 2018)
646 -- Open Government Partnership, an international effort pursuant to which participating nations make open government commitments
648 -- data.gov, a repository of raw data sets produced by federal agencies
650 -- EPA's page on its Information Quality Guidelines and requests for correction
650 -- EPA's Information Quality Guidelines
655 -- OSHA's Integrated Management Information System establishment search page, reporting results of OSHA inspections. See also the Department of Labor's Enforcement Data page
656 -- EPA's Enforcement and Compliance History Online (ECHO) page, reporting results of EPA inspections and enforcement actions
656 -- FDA data dashboard, setting out inspection, compliance, and enforcement related data
656 -- SaferProducts.gov, the Consumer Product Safety Commission's site for reporting, and for business to respond to reports of, unsafe products
656 -- The CFPB's consumer complaint page
656 -- Toxic Release Inventory data
657 -- Overview of various successful government transparency programs