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Timing as a Tool

Timing as a Tool

Chapter:
(p.131) 6 Timing as a Tool
Source:
Bending the Rules
Author(s):
Rachel Augustine Potter
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226621883.003.0006

Chapter 6 examines timing as a procedural politicking tool, specifically how it is employed at the final rule stage. The argument in this chapter is that agencies sometimes speed up the publication of a final rule (i.e. fast-track)—and other times slow it down (i.e. slow-roll)—so as to ensure that the rule is not released in a political environment that may lead it to be overturned. Additionally, this chapter considers—and ultimately rules out—alternate explanations for the observed patterns of regulatory pacing. Observers often bemoan the sluggish pace of rulemaking; this chapter offers a decidedly political explanation for regulatory delay.

Keywords:   timing, final rule, pacing, regulation, regulatory delay, procedural politicking, slow roll, fast track

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