Interpretive Rulemaking and the Alaska Hunters Doctrine: A Necessary Limitation on Agency Discretion

Abstract

Administrative agencies govern a vast amount of our personal and economic lives. Whether buying groceries or visiting a national park, selling shares of stock or taking medication, individuals are impacted every day by federal agencies and the regulatory regimes they administer. Federal regulations govern many of the significant decisions made by corporations and businesses. Given the immense scope and impact of federal regulation, the public has an important interest in ensuring that agency administration is both fair and efficient. Central to achieving fairness and efficiency in agency administration is the Administrative Procedure Act (“APA”), the fundamental law governing federal agencies. The APA establishes the basic procedural requirements for agency action, and provides for judicial review.