| | Cary Coglianese, Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, 46 Duke L. J. 1255 (1997) (Site not responding. Last check: 2007-11-07) |
 | | The average negotiated rulemaking takes a little less than two and a half years to complete, from the time the agency announces its intent to form a negotiated rulemaking committee to the time the final rule is published (see Table 3). |
 | | In other words, the nonrandom assignment of rules to negotiated rulemaking introduces the possibility that the rules chosen for negotiated rulemaking were ones that already had either a greater or lesser need for time, or a greater or lesser propensity to be litigated, at least when compared with the average rule implemented through informal rulemaking. |
 | | Since rulemaking time and the prospects for litigation increase with the overall significance of EPA rules, it is helpful to determine whether the findings reported in Part II derive from a bias in the level of significance of the rules selected for negotiated rulemaking. |
| www.law.duke.edu /journals/dlj/articles/DLJ46P1255.htm (13541 words) |