ACUS Midnight Rules Project

The Administrative Conference’s Committee on Rulemaking will meet Thursday, February 23, and Wednesday, March 21, 2012 to consider a draft report and recommendation on the issue of midnight rules. The term “midnight rules” refers to regulations issued during Presidential transitions.  The meeting notice is posted in the Federal Register (FR2 XML and FDsys PDF).

Professor Jack Beermann of the Boston University School of Law will present the findings of a study and proposed procedures that could improve Presidential and agency practices with regard to midnight rules. This topic is of great interest to the OFR because we are the agency that helps direct regulatory traffic during the transition from one administration to the next. To learn more about our intermediary role, read the case of Kennecott Utah Copper Corp. v. DOI.