Comments on Administrative Law, Filter Failure, and Information Capture

摘要

Professor Wagner clearly identifies the severe, practical, modern-day challenges to fair and balanced administrative agency rulemaking processes that can be strategically manipulated, overwhelmed and captured by a deluge of information and filings by well-financed interests for whom the costs of extensive regulatory intervention is a mere fraction of the potential ultimate regulatory compliance costs. Moreover, this distorted process can squeeze out underfinanced public interest organizations, governmental parties and private businesses from fully participating in the proceedings. The problems are real and serious.