1. Home
  2. |Insights
  3. |Can an Intelligible Distinction Between Legislative Rules and Guidance be Articulated?

Can an Intelligible Distinction Between Legislative Rules and Guidance be Articulated?

Webinar | 04.26.18, 8:00 AM EDT - 9:30 AM EDT

The difference between a legislative rule, i.e., a rule that creates binding obligations with legal consequences for non-compliance, and an interpretative rule, i.e., a rule that interprets but does not itself legislate, is an important one. Among other things, agencies must typically give public notice of the former and allow the public an opportunity to comment before issuing them in the final form; not so of the latter. But in application the distinction is sometimes difficult to discern, especially where an agency issues "guidance" that it portrays as "interpretative" of existing authority but which, practically speaking, creates new binding norms. So-called "policy statements" sometimes give rise to the same mischief. This D.C. Bar program will address this topic and the not-entirely-consistent federal jurisprudence surrounding it.


Partner Dan Wolff will participate as a speaker.

For more information, please visit these areas: Litigation and Trial, Administrative Law

Participants

Insights

Webinar | 10.16.25

The Artificial Intelligence Agenda from Capitol Hill to State Capitals: Where We Are and Where We Are (Probably) Going

The landscape of AI governance and regulation is shifting. Following the release of the White House’s “America’s AI Action Plan” in July 2025 and the President’s signing of related Executive Orders, the White House has emphasized (at least rhetorically) a preference for innovation, adoption, and deregulation. But that does not tell the entire story. The Administration remains committed to exercising a heavy hand in AI, including by banning the U.S. government’s procurement of so-called “woke AI,” intervening in the development of data centers and the export of the AI technology stack, imposing an export fee for certain semiconductors to China, and assuming a stake in a U.S. semiconductor company. State legislatures are also racing to implement their own regulations, particularly around AI’s use in critical areas, such as healthcare, labor and employment, and data privacy. The many sources of regulation raise the specter of a fragmented compliance environment for businesses. This webinar will delve into the Administration’s AI strategy, going beyond the headlines to analyze:...

View All Insights