Document Type

Blog Posting

Publication Date


Publication Title

Yale Journal on Regulation: Notice and Comment


Twenty-five years ago, the Administrative Conference of the United States (ACUS) brought the technique of “direct final rulemaking” to the attention of the administrative law community. Since that time, agencies have used the technique thousands of times to adopt noncontroversial regulations on an expedited basis. But its legality depends on a creative reading of the Administrative Procedure Act (APA). A recent D.C. Circuit case, applying the APA in a manner that overlooked the distinctive features of this device, has exposed this vulnerability and may well have seriously undermined the viability of the practice.

This column criticizes a case that came to my attention during deliberations of the ACUS Committee on Judicial Review.


Administrative Law, Final Rulemaking, Administrative Procedure Act, APA

Publication Citation

Ronald Levin, The D.C. Circuit Undermines Direct Final Rulemaking, Yale J. on Reg.Notice & Comment (Aug. 2, 2021),