Introducing the First Annual Administrative Law and Regulatory Practice Institute MAKING AGENCY LAW THROUGH RULEMAKING April 7 8, 2005 The Renaissance Washington Hotel Practical Applications Through a combination of panel presentations, lectures, and case studies centered on real facts, the program provides information directly applicable to your everyday practice. Whether your client is a trade association, corporation, or the government, this program delivers the knowledge and techniques to navigate the agency rulemaking process. An Insider s View This program provides participants a rare inside look at how policy is made. Course instructors will share pointers on strategies related to all facets of the rulemaking process. Learn how to achieve optimal results for your client. Expert Faculty The Faculty is comprised of some of the most prominent experts in the practice of agency rulemaking, including Professor Richard J. Pierce, Jr., author of the leading text, Administrative Law Treatise, teaching the fundamentals of the law and practice of rulemaking. Experienced practitioners and insiders will guide you on the development of winning legal and political strategies. Brought to you by The American Bar Association Section of Administrative Law and Regulatory Practice Section Chair Randolph J. May Program Chair
INSTITUTE FACULTY Donald R. Arbuckle Deputy Administrator of Information and Regulatory Affairs, Office of Management and Budget, Washington D.C. James H. Burnley, IV Former Secretary of Transportation, Venable LLP, Washington, DC Joan Claybrook Former Administrator, National Highway Transportation Safety Administration, President, Public Citizen, Cary Coglianese Chair, Regulatory Policy Program, Kennedy School of Government, Associate Professor, Harvard University, Boston, MA Neil Eisner Assistant General Counsel for Regulation and Enforcement, U.S. Department of Transportation, Amanda Frost Professor, American University Washington College of Law, The Honorable Merrick B. Garland United States Court of Appeals for the District of Columbia Circuit Ernest Gellhorn Professor, George Mason University School of Law, Fairfax, VA C. Boyden Gray Former White House Counsel, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C. Robert Grey ABA President Hunton & Williams LLP, Richmond, VA Erika Z. Jones Mayer, Brown, Rowe & Maw LLP, Scott Jones Honors Attorney, U.S. Department of Transportation, Cornelius M. Kerwin Director, Center for the Study of Rulemaking, Provost, American University, Marc S. Lampkin Quinn, Gillespie & Associates LLC, Linda Lasley Senior Attorney, Regulation and Enforcement, U.S. Department of Transportation, Jeffrey S. Lubbers Fellow in Law and Government, American University Washington College of Law, Randolph J. May Senior Fellow and Director of Communications Policy Studies, The Progress and Freedom Foundation, Thurgood Marshall, Jr. Managing Director, The Harbour Group LLC, Swidler Berlin LLP, Scott Nelson Public Citizen, Richard J. Pierce, Jr. Author of The Administrative Law Treatise Lyle T. Alverson Professor of Law, George Washington University School of Law, Washington, D.C. Jack Quinn Co-chairman, Quinn Gillespie & Associates, Thomas Susman Ropes & Gray LLP, Jim J.Tozzi Former Deputy Administrator, OMB Office of Management and Budget, Director, Multinational Business Services, Advisory Board Member, The Center for Regulatory Effectiveness, Richard Wiley Managing Wiley Rein & Fielding LLP, Steve Wood Assistant Chief Counsel for Regulation, National Highway Transportation Safety Administration, Sandler, Reiff & Young, 2
ADMINISTRATIVE LAW & REGULATORY PRACTICE INSTITUTE MAKING AGENCY LAW THROUGH RULEMAKING Renaissance Hotel, April 7 & 8, 2005 Agency rules affect every aspect of our personal lives, business and government, from health and safety regulations promulgated by HHS, FDA and OSHA, to environmental rules issued by EPA, to FCC rules restructuring communications markets. This practice-oriented program will provide practitioners, government officials, and industry representatives with the knowledge and techniques they need to navigate the agency rulemaking process from the creation of an idea for agency action through considerations that impact judicial review. Course materials include a specially-designed case study, as well as the Blackletter Statement of Federal Administrative Law book. ***************************************************************** Thursday, April 7, 2005 8:00 am Registration and Continental Breakfast 9:00 am Introductions Randolph J. May 9:10 am Everything You Need to Know to Effectively Participate in Agency Rulemaking -- Part I Professor Richard J. Pierce Professor Pierce is one of the nation s foremost authorities on rulemaking. As an experienced participant and commentator on the rulemaking process, Professor Pierce will lead this session on the fundamentals of the rulemaking process from inception to judicial review. Topics addressed in this session include: Agency Power to Issue Rules Making the Choice Between Rulemaking and Adjudication An Overview of Types of Rules Exemptions from Rulemaking Procedures 10:30 am Coffee Break 10:45 am Everything You Need to Know to Effectively Participate in Agency Rulemaking -- Part II Professor Richard J. Pierce Topics addressed in this session include: Informal Rulemaking, Formal Rulemaking, and Hybrid Rulemaking Informal Rulemaking in Detail Petitions for Rulemaking Negotiated Rulemaking as a Potential Alternative Judicial Review 12:15 pm Luncheon Keynote Speaker: The Honorable Pat Wood, III Chairman, Federal Energy Regulatory Commission The Honorable Pat Wood, III is Chairman of the Federal Energy Regulatory Commission, the independent regulator of the nation s wholesale electric power industry, natural gas, oil and refined products pipelines and its hydroelectric facilities. Wood is the longest-serving appointee of George W. Bush, having been named by him to the Public Utility Commission of Texas in February 1995 to regulate the state's telecommunications and power industries. Wood served as Chairman of that Commission until joining the FERC in June 2001. 3
Wood believes that competition can do better than regulation in delivering customer benefits and service innovations. Throughout his career, he has worked to advance a pro-customer, market-oriented vision of utility regulation. -- www.ferc.gov 2:00 pm Case Study: Agency Law Making In Action: The Process from Beginning to End Using the Landmark State Farm Case No regulatory agency is an island. Many factors influence, and, in some cases, dictate what an agency will do in response to a regulatory mandate. An agency often faces rapidly developing, complex technology that seemingly solves a problem, but with unintended consequences. This course is designed to expose participants to the myriad of influences that play a role in the regulatory process. By following the course of the National Highway Traffic Safety Administration s air bag rulemakings, participants will learn about key aspects of the rulemaking process, including: policy development within a government agency; rulemaking procedures (notice and comment) from an industry and public interest group s perspective; judicial review of the agency action (including the famous State Farm case); legislative and OMB impacts on rulemaking; and agency negotiations with other executive branch agencies. Attendees will receive specially-developed case study materials in advance. Part I: Small Group Discussions Attendees will break out into small groups to discuss the facts of the case study. Case Study Leader: Cary Coglianese Small Group Discussion Leaders: Don Arbuckle Erika Z. Jones Scott Nelson Steve Wood Case Study Coordinators: Linda Lasley Scott Jones Part II: Panel Discussion Some of the major players involved in the actual State Farm case will take questions from the audience and provide their perspectives on the rulemaking process. Panelists: James H. Burnley, IV (former Secretary of Transportation) Joan Claybrook (former NHTSA Administrator) Hon. Merrick B. Garland (former attorney for State Farm) Moderator: Jeffrey S. Lubbers 5:00pm Judicial Reception In honor of the United States Courts of Appeals for the Federal Circuit and the D.C. Circuit Introductions The Honorable A. Raymond Randolph, United States Court of Appeals for the District of Columbia Circuit Welcome Remarks The Honorable Douglas H. Ginsburg, Chief Judge, United States Court of Appeals for the District of Columbia Circuit and The Honorable Paul R. Michel, Chief Judge, United States Court of Appeals for the Federal Circuit 4
Friday, April 8, 2005 8:00 am Continental Breakfast 9:00 am The First Annual Distinguished Lecture on Administrative Law and Regulatory Practice The Ins' and Outs' of Rulemaking: Lessons from Government and K Street Richard Wiley Former Chair of the Federal Communications Commission and Managing Wiley Rein & Fielding LLP Mr. Wiley heads Wiley Rein & Fielding s 70-attorney communications practice, the largest in the nation. As Chairman of the Federal Communications Commission, he advocated increased competition and lessened regulation in the communications field. Mr. Wiley played a pivotal role in the development of HDTV in this country, serving for nine years as Chairman of the FCC s Advisory Committee on Advanced Television Service. He is also a frequent author and lecturer on telecommunications and information law. 10:00 am Lessons From Seasoned Practitioners and Agency Officials: Developing a Winning Rulemaking Strategy Distinguished lawyers will lead a panel discussion on developing a winning strategy for advocating for and against the creation of rules by an agency. Panelists: C. Boyden Gray Robert Grey Amanda Frost Thomas Susman Moderator: Ernest Gellhorn 11:30 am Break 11:45 am Panel Session: The Intersection of Power, Politics and Rulemaking Former and current government officials, lobbyists, and scholars will discuss how politics affect the rulemaking process. Topics include: The role of special interest groups Congressional oversight Political priorities Presidential intervention Panelists: Don Arbuckle Cornelius Kerwin Marc Lampkin Thurgood Marshall, Jr. Jack Quinn Jim Tozzi Moderator: 12:45 pm Summary and Closing Remarks 1:00 pm Adjourn 5
REGISTRATION INFORMATION Tuition for this program is $399. Members of the ABA Section of Administrative Law and Regulatory Practice may take a $50 discount off the tuition rate. Tuition entitles the registrant to admission to the program, one set of course materials, continental breakfasts, coffee breaks, and lunch on Thursday and Friday, as well as the Judicial Reception on Thursday evening. To register please complete and return the enclosed form prior to March 31, 2005. You may also register online at www.abanet.org/adminlaw/institute/home.html. Questions regarding registration may be directed to the Meetings Coordinator at (202) 662-1528. CANCELLATIONS Cancellations must be sent via post or fax and received no later than March 31, 2005 to be honored and tuition refunded, less a $25 cancellation fee. HOTEL ACCOMODATIONS The program will be held at The Renaissance Washington D.C. Hotel, 999 9th Street, NW, Washington, DC. Rates at the Renaissance Washington D.C. Hotel are guaranteed at $219 for single/double for reservations received by Thursday, March 17, 2005. Reservations may be made by calling the hotel directly at (202) 898-9000 and identifying yourself as a member of the ABA Group. Rates are valid Wednesday, April 5 through Friday, April 7, 2005. CLE Credit Applications have been made with all states requiring mandatory CLE credit. The exact number of accredited hours of instruction will be confirmed prior to the start of the program. ************************************************************************************************************************************** First Annual Administrative Law and Regulatory Practice Institute April 7-8, 2005 Renaissance Hotel, 999 9 th Street NW, Registration Form Name: Title: Company/Affiliation: Address: Phone: FAX: E-Mail: $399 Regular Rate $349 ABA Administrative Law Section Member Rate $199 Government or Non-profit Rate $40 Judicial Reception only $199 Course materials only (available 2 weeks after the Institute) Method of Payment Check (made payable to the ABA) Visa MasterCard American Express Card Number: Exp. Date: Signature: Return this form with payment to: ABA Admin Law Section, Attn: Institute, 740 15 th Street NW, Washington, DC 20005 Phone: (202) 662-1665 Fax: (202) 662-1529 6