Kilpatrick Townsend attorney Richard L. Sieg will present “EPA Rulemaking by Guidelines – The Legal Issues and Holding EPA’s Feet to the Fire” at a Bloomberg BNA Environmental Health & Safety webinar on August 14 from 1:00 to 2:30 p.m. EST.

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 when they create such legislative rules.

Under the EPA, 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.

This 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

CLE credits will be available for this webinar. There is a fee for attending this program.

For more information, please visit the event website.

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