Law and the Environment
9/27/2009 10:58:39 PM EST
California Court of Appeal explains the finer points of an "underground regulation" and why they are invalid, in a case that cannot be cited as precedent
Partner, Ropers Majeski Kohn & Bentley
California has long been concerned with so-called "underground regulations" (rules, policies, guidance, and procedures treated as though a regulation, but issued or promulgated without following the procedures of the Administrative Procedure Act). These types of defective rules and policies, often dressed up as "guidance", were the subject of the recent California Court of Appeal case Naturist Action Committee et al v. Cal. State Department of Parks & Recreation, 2009 Cal. App. Unpub. LEXIS 5115 (2009). Because the case has been "depublished", it cannot be cited as precedent. But, for anyone with an interest in this topic, and looking for a roadmap to challenging such rules, policies, guidance, and procedures, this is a very good introduction to the subject matter. Create an account or login to post comments.