Over the past several years, a controversy has arisen, particularly among different panels of the United States Court of Appeals for the District of Columbia Circuit, regarding the use of ex parte communications in informal administrative rulemaking. Numerous theories for extending such a prohibition beyond the express language of the Administrative Procedures Act have been advanced in recent judicial opinions.
Michael E. Ornoff,
Ex Parte Communication in Informal Rulemaking: Judicial Intervention in Administrative Procedures,
U. Rich. L. Rev.
Available at: http://scholarship.richmond.edu/lawreview/vol15/iss1/4