Administrative law is a helpful tool for clients and advocates to move national policy. You might wonder, “how can administrative law help?” But the Administrative Procedure Act (APA), the law around how the government creates regulations, is a useful tool for achieving policy and client goals through the regulatory process. The last year has shown that these tools are only becoming more important in advancing good policy and fighting off bad policy. If a client or colleague asks in outrage, “Can the federal government do that?”, the answer is often found in administrative law. Our workshop aims to give attendees an inside look on how rulemaking gets done and the tools to defend against improper or unjust government actions. We will use examples drawn from three key policy areas (housing, health care and energy/natural resources) and from work on behalf of LGBT organizations to show how a deep knowledge of administrative law can make the difference between winning and losing. The workshop will begin with a brief overview of the nuts-and-bolts of rulemaking and a discussion of administrative law tools that are at the lawyer’s disposal. The workshop will move to case studies in which attendees will be asked to use those tools to find creative ways to win their case or achieve their client’s goal. The workshop will focus on federal administrative law, but will also touch on ways to use similar weapons in changing state and local policy.
CLE Materials: I, II