The conduct of individuals, companies and organizations is not only governed by statutes. Regulations, rules and interpretations of law made by administrative agencies touch upon virtually all aspects of life. This “administrative state” is gargantuan in scope and overwhelming in its impact. Consider that the Code of Federal Regulations is now over 180,000 pages long, much of it detailed and often incomprehensible to lay persons.

A Brookings scholar recently observed that such rules often prompt questions from the public: “How do the rules apply to an emerging technology? How should a business comply with the rules in light of a new requirement from another agency? Do an agency’s rules allow untimely applications to be filed in extenuating circumstances?” C. Raso, “The Supreme Court Curtails But Retains Agency Rule Deference—How Much Will It Matter?” Brookings Report, p. 1 (Sept. 24, 2019). Often, the public seeks agency guidance on questions of compliance with regulations. Agencies thus may respond with interpretations of their rules. Sometimes, those interpretations result in pervasive, intrusive and economic consequences, prompting challenges to enforcement and, eventually, courtroom battles. Or an agency may adjudicate a claim or defense based on its interpretation of its rule. (That’s what happened in our featured case.) Much the same occurs on the state level as state agencies regulate deeply into life’s nooks and crannies.

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