Petitions for Rulemaking Filed By NCLA

The New Civil Liberties Alliance is taking federal departments and agencies to task

The New Civil Liberties Alliance has filed 15 anti-guidance petitions—and counting— consistent with the "Brand Memo" issued by the U.S. Department of Justice, asking federal agencies and departments to adopt formal rules barring them from issuing and enforcing improper guidance. NCLA is taking federal departments and agencies to task for the abusive, shortcut manner in which they issue regulatory guidance. We believe that the attempted use of agency guidance documents to create rights or obligations that are binding on regulated third parties in the private sector is wrong and unconstitutional. As such, NCLA is asking DOJ to convert the Brand Memo into a formal rule that will last and prompts dozens of other federal departments and agencies to recognize the problems with the old way of doing guidance and adopt NCLA’s proposed rule.

 
 
 

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