Also known as: legislative regulation · regulations
Written by attorneys · grounded in primary & secondary sources — see below
Regulations promulgated by an administrative agency under a specific grant of congressional authority that create new duties or obligations beyond mere interpretation of existing statutes. Such regulations follow notice-and-comment procedures and carry the force and effect of law.
Lily Lopez, a shipping company owner, sues the Department of Homeland Security in federal district court after a new security fee regulation increases her cargo costs. The complaint alleges the fee exceeds statutory bounds and violates constitutional limits on maritime charges. Because the claim arises under federal law, the district court exercises jurisdiction over the dispute.
Logan Lane owns a historic building and seeks compensation after a city regulation bars alterations that would destroy its facade. The regulation substantially advances preservation interests yet leaves Lane with reasonable beneficial use of the property. A court applying the economic-impact and investment-backed-expectations factors denies the takings claim.
Select any source to read its text and confirm it supports the definition.
Layla Lane purchases waterfront land subject to a municipal height restriction enacted to protect public views. The restriction is a public land-use regulation rather than a private servitude. Therefore the Restatement rules governing servitudes do not apply to disputes over the height limit.
Landon Long, a cable operator, challenges a federal regulation requiring carriage of local broadcast stations. The rule advances important interests unrelated to speech suppression and burdens no more speech than necessary. A court upholds the regulation under intermediate scrutiny.
Lorenzo Lugo, a taxpayer, contests a Treasury regulation requiring detailed reporting of foreign accounts. Congress granted specific authority for the rule to implement tax enforcement provisions. The regulation is sustained as a lawful exercise of delegated power.
Lars Lindstrom, a pharmacist, attacks a state regulation limiting distribution of certain contraceptives. The regulation is alleged to invade a protected zone of personal autonomy. A court evaluates the claim under established privacy precedents.
Legislative regulations are issued under specific congressional grants of authority and create new duties or obligations. Interpretive regulations rest on general authority and merely explain existing statutes. Legislative regulations carry the force of law after notice-and-comment procedures.
Yes. Because they are promulgated under specific statutory authority and follow APA procedures, legislative regulations have the force and effect of law. Courts treat them as binding unless they exceed the delegated authority or violate the Constitution.
Yes. Section 553 of the APA requires publication of substantive or legislative regulations in the Federal Register at least thirty days before their effective date, allowing public comment. Treasury typically follows these procedures even when not strictly required.
…and laws of the United States (except the cases in which it has original jurisdiction) with such exceptions and under such regulations as Congress shall make. The term 'appellate jurisdiction' is to be taken in its largest sense and implies the right of superintending inferior tribunals. Proceedings in nature of appeals…