DA the administrative state scenario..
Mendelson 15 – Joseph L. Sax Collegiate Professor of Law at the University of Michigan, J.D. from Yale University.
Nina Mendelson, “Public Access to the Law Must Be Taken More Seriously,” The Regulatory Review, 01-28-2015, https://www.theregreview.org/2015/01/28/mendelson-public-access/
Bremer’s assessment of PHMSA’s predicament emphasizes that the agency lacked the technical expertise to replace or evaluate the details of this “technically sophisticated and highly complex” standard. This is deeply troubling for a different reason than the one Bremer suggests. In this sort of public-private partnership, we count on agencies to act on the public’s behalf. If an agency lacks the relevant expertise to assess a particular privately-drafted rule, including whether it meets the statutory standards Congress has asked the agency to implement, the need for public accountability – and, thus, meaningful public access to the law’s text – is even more compelling.