In 2015, the Director of the Joint Staff described for a room of defense fellows the basic conundrum of defense policymaking: “We want objectives, they want options,” he said. “They ask us for options ...

HHS is only one of the many agencies that issued a “good guidance” rule in response to an executive order issued by President Trump in October 2019. The executive order raised concerns that agencies ...

On December 7, 2020, the Department of Health and Human Services (“HHS”) published the Good Guidance Practices final rule (“Rule”), which limits HHS’s ability to issue and rely upon sub-regulatory ...

Synopsis: On August 28, 2020, the federal Department of Labor (DOL) issued a final rule entitled “Promoting Regulatory Openness Through Good Guidance” (the “PRO Rule”) that establishes a data base ...