Scholars, government officials, and practitioners have expressed concern over the weaknesses of the federal rulemaking process and the time it often takes to promulgate rules. Given the many instances in which rules have been challenged in court, both the process of rulemaking and the regulations produced seem to have lost legitimacy in the eyes of many regulatees.
Lawrence Susskind & Gerard McMahon,
The Theory and Practice of Negotiated Rulemaking,
Yale J. on Reg.
Available at: http://digitalcommons.law.yale.edu/yjreg/vol3/iss1/5