Sofie E. Miller
Susan E. Dudley
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Summary
In this response in the ALR Accord to Reeve Bull’s article, Building a Framework for Governance: Retrospective Review and Rulemaking Petitions in the Administrative Law Review Accord Volume 7, Issue 2, Miller and Dudley address the inadequacy of the current retrospective review regime, examine the key causes of this failure, and address Bull’s proposal to encourage private parties to initiate review via rulemaking petitions. Miller and Dudley conclude that, while public participation is beneficial in retrospective review, agencies themselves could better this process by writing plans for review at the outset and improving regulatory outcomes.