Jump to Navigation
Jump to Content

Hamstringing State Agency Authority to Promulgate Rules: A Questionable Way to Improve Environmental Regulation

December 1999

Citation: 29 ELR 10735

Issue: 12

Author: Jim Rossi

Editors' Summary: Florida's APA was significantly revised in 1996 and 1999 to impose stringent qualifications on agency authority to promulgate regulations. Many of the amendments echo proposed reforms to the federal APA and the Florida "model" has also been said to be a useful precedent for "reform" of other states' APAs. In this Article, Prof. Jim Rossi analyzes the amendments and describes their ramifications as far-reaching and adverse. He asserts that they will, in addition to hindering the ability of regulatory agencies to promulgate regulations, make environmental regulation less flexible and produce other results likely never desired by proponents of the revisions. In addition, Professor Rossi contends that the amendments risk damaging the already fragile relationship between EPA and state administrative agencies. The Article concludes that the Florida revisions will not satisfy the legislative goal of improving the extent to which agencies are accountable for their environmental standards, and should not serve as a model for other jurisdictions.

Jim Rossi is the Patricia A. Dore Associate Professor of State Administrative Procedure, Florida State University College of Law. He thanks J.B. Ruhl and Ansley Samson for their comments on a draft of this Article. An expanded version of this Article appears in a forthcoming symposium on state administrative procedure. See Jim Rossi. "Statutory Nondelegation": Learning From Florida's Recent Experience in Administrative Procedure Reform, 8 WIDENER J. PUB. L. (forthcoming 1999).

Download Article >>>