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Bill Warren Gives Review of Recent Policy Statements for the PBA Administrative Law Section

Event Dates: February 17, 2021
Industries: Government Contracts

Bedford v. Commonwealth DEP Revisited - - A Review of Recent Policy Statements and Relevant Case Law and Suggestions for Improvements

Agencies of the Commonwealth of Pennsylvania regularly publish regulations and policy statements in the Pennsylvania Bulletin.  The Departments of Human Services, Health and Environmental Protection are among the agencies that are the most prolific document publishers.  Administrative law practitioners have long been aware that some agencies choose to issue policy statements, the process for promulgation of which has little oversight, and thereby avoid the more rigorous process of promulgating regulations.  The problem arises when the policy statements as drafted or as applied go beyond providing guidance and create mandatory obligations – something which only regulations can do.  Has a state agency issued a document identified as a policy statement that is in fact regulatory in nature, intended to be mandatory but issued without regulatory review? Or is the document instead only a nonbinding policy statement?  William W. Warren, Jr., Senior Partner, Saul Ewing, will review recent policy statements, and relevant case law including the seminal case of Bedford v. Commonwealth DEP and discuss potential improvements in state administrative practices.