Daniel Deacon (University of Michigan Law School) has posted Drafting Regulatory Preambles (Draft Report to the Administrative Conference of the United States) (Administrative Conference of the United States (Mar. 16, 2026)) on SSRN. Here is the abstract:
This is a draft report to the Administrative Conference of the United States on best practices for drafting regulatory preambles in light of recent developments in judicial review of agency action. It is based in part on interviews with nineteen current and former agency employees with experience writing the explanations that accompany agency rules. Among other things, it explores how the demise of Chevron affected agencies’ approach to regulatory preambles. In addition, it provides guidance to agency rule drafters intended to help those drafters navigate the changing judicial review environment.
The draft report will undergo revisions before becoming final. The views expressed do not represent those of ACUS or the federal government. The ACUS project page can be found here: https://www.acus.gov/projects/drafting-regulatory-preambles.