Cases and Materials on the California Rulemaking Process

This casebook provides an in-depth exploration of the regulatory process in California,including the components of the process and the specific laws and regulations that govern it. It is designed for college and law students and covers the rulemaking process of California's more than 200 rulemaking bodies.

Format: Paperback / softback
Length: 277 pages
Publication date: 30 June 2023
Publisher: Kendall/Hunt Publishing Co ,U.S.

This casebook provides a comprehensive exploration of the regulatory process in the State of California,although the state's APA is largely based on the federal Administrative Procedure Act (APA),as is the case with most of the fifty states. While readers can find a plethora of books and resources on the federal regulatory process,few such materials specifically focus on the California process. Recognizing the need for a dedicated casebook tailored for college and law students,this casebook was created to delve into the state's rulemaking process,which had previously been overlooked in this format. While the fundamentals of the state's rulemaking process share similarities with those at the federal level and in most other states,it is essential to acknowledge and consider the unique aspects and considerations when engaging in California's quasi-legislative activities, facilitated by its over 200 rulemaking bodies.

This casebook specifically concentrates on the rulemaking process and excludes the broader scope of administrative agencies' work, including their adjudicatory or quasi-judicial activities. In this regard, it discusses the Office of Administrative Law, emphasizing its role in the rulemaking and quasi-legislative processes of the state's administrative agencies. However, it does not delve into the work of the Office of Administrative Hearings, as the focus of OAH is not on the rulemaking or quasi-legislative activities of the state's administrative agencies.

After providing an introductory overview of California's regulatory process, the casebook delves into the various components and intricacies of California law. It examines the legal framework governing the rulemaking process, including the California Environmental Quality Act (CEQA) and the California Planning and Zoning Law (CPZL). The casebook also discusses the role of regulatory agencies, such as the California Air Resources Board (CARB) and the California Department of Fish and Wildlife (CDFW), in shaping and implementing regulations.

Furthermore, the casebook explores the public participation and stakeholder engagement processes in California's regulatory landscape. It discusses the opportunities for individuals, organizations, and communities to influence the rulemaking process and the mechanisms available for them to submit comments, objections, and requests for information. The casebook also sheds light on the legal challenges and controversies surrounding California's regulatory process, such as the debate over climate change regulations and the impact of regulations on small businesses.

By providing a comprehensive and in-depth analysis of California's regulatory process, this casebook aims to enhance the understanding and knowledge of college and law students, as well as practitioners and policymakers interested in the state's regulatory affairs. It serves as a valuable resource for anyone seeking to navigate the complexities of California's regulatory environment and contribute to the ongoing dialogue on regulatory reform in the United States.

ISBN-13: 9781792498329