Recommendation 2012-2 – Midnight Rules addresses several issues raised by the publication of rules in the final months of a presidential administration and offers proposals for limiting the practice by incumbent administrations and enhancing the powers of incoming administrations to review midnight rules.
Citation: Admin. Conf. of the U.S., Recommendation 2012-2, Midnight Rules, 77 Fed. Reg. 47802 (Aug. 10, 2012).
There has been a documented increase in the volume of regulatory activity during the last months of presidential terms.[1] This includes an increase in the number of legislative rules (normally issued under the Administrative Procedure Act’s (APA) notice and comment procedures)[2] and non-legislative rules (such as interpretive rules, policy statements, and guidance documents) as compared to other periods. This spurt in late-term...
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