Kennedy’s Pullback of Public Comment Policy Make May Rules Vulnerable to Lawsuits

The Health and Human Services Department's decision to eliminate the Richardson Waiver may be a blow for transparency, but will not completely eliminate scrutiny of regulations, experts said.

The notice and comment provisions are one of many requirements in the APA that govern rulemaking. (Shutterstock)

Experts said rescinding a decades-old policy allowing the public and industry stakeholders to comment on proposed rules is the opposite of the “radical transparency” Health and Human Services Secretary Robert F. Kennedy Jr. promised, but future regulations still can be constrained through other parts of the Administrative Procedure Act (APA).

More from Litigation

More from Legal & IP

Kennedy’s Pullback of Public Comment Policy Make May Rules Vulnerable to Lawsuits

 

The Health and Human Services Department's decision to eliminate the Richardson Waiver may be a blow for transparency, but will not completely eliminate scrutiny of regulations, experts said.

Makary US FDA Nomination Advances, Last Minute Hiccup May Offer Clues On Mifepristone

 

President Trump’s CDC director nominee was pulled after vaccine positions appeared too extreme for some Republicans, but the nominations to lead the FDA and NIH advanced to the Senate floor despite last-minute drama.

US FDA May Lose Some Autonomy Under Health Department’s General Counsel Reorg

 

Health and Human Services Secretary Robert F. Kennedy Jr. is moving FDA Chief Counsel Robert Foster to a new senior position as Chief Counsel for Food, Research, and Drugs at HHS. Hilary Perkins will become FDA chief counsel.