Everything You Need to Know to Effectively Participate in Agency Rulemaking -- Part I
Professor Richard J. Pierce

Professor Pierce is one of the nation's foremost authorities on rulemaking. As an experienced participant and commentator on the rulemaking process, Professor Pierce will lead this session on the fundamentals of the rulemaking process from inception to judicial review.Topics addressed in this session include:

• Agency Power to Issue Rules

• An Overview of Types of Rules
• Exemptions from Rulemaking Procedures
  

Everything You Need to Know to Effectively Participate in Agency Rulemaking -- Part II
Professor Richard J. Pierce

Topics addressed in this session include:

• Informal Rulemaking, Formal Rulemaking, and Hybrid Rulemaking
  
• Informal Rulemaking in Detail

• Petitions for Rulemaking

• Negotiated Rulemaking as a Potential Alternative

• Judicial Review

Luncheon

Keynote Speaker:
The Honorable Pat Wood, III
Chairman, Federal Energy Regulatory Commission

The Honorable Pat Wood, III is Chairman of the Federal Energy Regulatory Commission, the independent regulator of the nation's wholesale electric power industry, natural gas, oil and refined products pipelines and its hydroelectric facilities.

Wood is the longest-serving appointee of George W. Bush, having been named by him to the Public Utility Commission of Texas in February 1995 to regulate the state's telecommunications and power industries. Wood served as Chairman of that Commission until joining the FERC in June 2001.

"Wood believes that competition can do better than regulation in delivering customer benefits and service innovations. Throughout his career, he has worked to advance a pro-customer, market-oriented vision of utility regulation."--www.ferc.gov

Case Study: Agency Law Making In Action: The Process from Beginning to End Using the Landmark State Farm Case

No regulatory agency is an island. Many factors influence, and, in some cases, dictate what an agency will do in response to a regulatory mandate. An agency often faces rapidly developing, complex technology that seemingly solves a problem, but with unintended consequences. This course is designed to expose participants to the myriad of influences that play a role in the regulatory process. By following the course of the National Highway Traffic Safety Administration's air bag rulemakings, participants will learn about key aspects of the rulemaking process, including: policy development within a government agency; rulemaking procedures (notice and comment) from an industry and public interest group’s perspective; judicial review of the agency action (including the famous State Farm case); legislative and OMB impacts on rulemaking; and agency negotiations with other executive branch agencies.

Attendees will receive specially-developed case study materials in advance.

Part I: Small Group Discussions

Attendees will break out into small groups to discuss the facts of the case study. Case Study Leader: Cary Coglianese

 

Small Group Discussion Leaders: Don Arbuckle, Erika Z. Jones, Scott Nelson, Steve Wood

Case Study Coordinators: Linda Lasley, Scott Jones

Part II: Panel Discussion

Some of the major players involved in the actual State Farm case will take questions from the audience and provide their perspectives on the rulemaking process.

Panelists: James H. Burnley, IV – (former Secretary of Transportation), Joan Claybrook (former NHTSA Administrator), Hon. Merrick B. Garland (former attorney for State Farm), Robert Strassburger

Moderator: Jeffrey S. Lubbers

Introductions
The Honorable A. Raymond Randolph, United States Court of Appeals for the District of Columbia Circuit

Welcome Remarks
The Honorable Douglas H. Ginsburg, Chief Judge, United States Court of Appeals for the District of Columbia Circuit and The Honorable Paul R. Michel, Chief Judge, United States Court of Appeals for the Federal Circuit