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Article: Beyond the APA: rulemaking In the real world.(Administrative Procedure Act)(Review)
- Article from:
- Environmental Law
- Article date:
- September 22, 1999
- Author:
CopyrightCOPYRIGHT 1999 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The federal Administrative Procedure Act (APA)(1) is, as federal statutes go, relatively short. Nevertheless, in its fourteen main statutory sections,(2) it explicitly defers to or references non-APA and non-APA-related law twenty-eight times, making it clear that the full import of its requirements cannot be determined without reference to other law.(3) This "other law" of course includes the federal Constitution; in addition, Congress and several presidents have been willing to modify or add to the procedures that federal agencies must follow. As a practical matter, a federal agency can almost never look solely at the APA and determine with certainty the procedures that ...