DISCRETION GONE TOO FAR? THE ROLE OF PUBLIC COMMENTING IN REGULATORY RULEMAKING.

This article explores administrative discretion in the United States government, examining how agencies strive to implement legislative intent within a given framework of law. The exercise of expertise is accompanied by a modicum of discretion, but also presents the risk of bureaucratic overreach. After a discussion of the administrative role, the article explores the concerns that exist following Chevron USA, Inc. v. National Resources Defense Council.1 The greatest base of strength for unelected rulemaking remains entrenched in the Administrative Procedure Act. Therefore, endeavors aimed at enhancing harmony between legislative intent and program implementation should strategically leverage notice-and-comment procedures. Transparency in such measures may reduce the considerable lack of trust that exists in public discourse and work toward minimizing the political gamesmanship that undermines both effective lawmaking and accountability in program implementation. [ABSTRACT FROM AUTHOR]