Administrative law is a helpful tool for clients and advocates to move national policy. You might not immediately think, wonder “how administrative law can 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. When dealing with the Federal Government, when a client or colleague asks in outrage, “Can they 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 touch on ways to use similar weapons in changing state and local policy.
Speakers: Andrew Furlow (Hogan Lovells US LLP); Barbara Jones (AARP Foundation); Zachary Launer (Hogan Lovells US LLP); Samuel Pearson-Moore (U.S. Department of Housing and Urban Development); Judge Kristin Rosi (California Department of Insurance)
CLE Materials: I, II