Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?

On June 18, 2019, the Federalist Society’s Article I Initiative and Regulatory Transparency Project hosted a panel on “Agency Rulemaking: Unnecessary Delegation or Indispensable Assistance?” at the National Press Club in Washington DC.

In his recent article, “Strategic Institutional Positioning: How We Have Come to Generate Environmental Law Without Congress,” Donald Kochan lays out the argument that delegation of authority to agencies serves the interests of both sides of Congress. What are the advantages and disadvantages of such a system? Should specialized bureaucrats do the lion’s share of rulemaking? Or should elected Senators and Congressman, often without the same level of expertise, write the rules that govern our nation?

As always, the Federalist Society takes no position or particular legal or public policy issues. All opinions expressed are those of the speakers.


-Andrew Grossman, Baker & Hostetler LLP

-Prof. Donald Kochan, Chapman University Dale E. Fowler School of Law

-Prof. Robert Percival, University of Maryland School of Law

-Brianne Gorod, Constitutional Accountability Center

-Moderator: Jeff Holmstead, Bracewell LLP

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