In the face of administrative burdens, the Environmental Protection Agency and other agencies succumb to the allure of creating legislative rules through the issuance of guidance documents. In doing so, EPA avoids many of the obstacles they would ordinarily face in notice and comment rulemaking. However, the courts have ruled that EPA and other government agencies must comply with the Administrative Procedure Act (APA) when they create such legislative rules.

Under the APA, the most common means for agency rulemaking is notice and comment rulemaking, also known as informal rulemaking. The courts have thrown out guidance because the agency did not provide the procedural safeguards necessary in legislative rulemaking. It is important to understand the legal limits on the agencies when they issue new guidelines through circulars, bulletins, letters, and guidance documents in an attempt to hold parties accountable to complete actions and substantive regulatory requirements. It also is important for parties to be aware that the regulator is not always right and legal advice should be sought when EPA changes the rules through the issuance of guidance.

Bloomberg BNA’s webinar is designed to:
•Highlight differences among legislative rules, interpretive rules, and agency policy
•Explore constitutional underpinnings of EPA legislative rulemaking
•Address why legislative rulemaking cannot be issued without compliance with the Administrative Procedure Act
•Explain the legal bounds that constrain the agencies as they create new substantive requirements for the regulated community
•Analyze federal case law where EPA has been challenged on its issuance of guidance documents
•Discuss options available to a client who is being told by an agency to comply with guidance and the risks of not complying with it

Register easily and securely to reserve your space now for Bloomberg BNA's upcoming EHS Webinar and get a $75 discount as a BNA subscriber! Or, call 800-372-1033, menu Option 6, submenu Option 1, and refer to the date and title of this conference. Lines are open from 8:00 a.m. to 8:00 p.m. ET, excluding most federal holidays.

Don’t miss this opportunity to hear a lively, dynamic presentation. Not only are EHS Webinars an excellent way for you to stay current, with Bloomberg BNA you also get:
•Quality. Count on it. Nothing is canned.
•Objectivity. BNA provides you with the best and most objective information. Unlike other companies, we don’t use our Webinars as a forum to sell outside solutions.
•Affordability. EHS Webinars are inexpensive compared to the cost of travel to attend a conference. Plus, you may use a speakerphone and invite as many of your colleagues as you want to listen in—all for the price of a single registration.
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•Personal attention. Once you’ve registered, send your questions in advance to annebrown@bna.com and they’ll be included in the program. You’ll also have a chance to ask your questions during the Webinar.
•Follow-up materials. You need no materials upfront to follow along to our live conference. But BNA always issues a follow-up e-mail with contact information for our speakers as well as other materials related to the topic.
•CLE credits will be available for this EHS Webinar.