Recommendation 2018-2 – Severability in Agency Rulemaking, formerly titled Minimizing the Cost of Judicial Review, encourages federal agencies that anticipate litigation over their rules to consider early in the rulemaking process whether a rule is severable—that is, divisible into portions that can and should function independently. It also identifies steps agencies should take if they intend that portions...
Submit your Comments
The Administrative Conference of the United States frequently seeks public comments on its proposed recommendations, reports, regulations, and other agency matters.