Days after overruling Chevron deference Supreme Court issued another consequential administrative law decision on July 1 expanding the time period in which plaintiffs can challenge agency action Board of Governors of the Federal Reserve System a North Dakota truck stop challenged a Federal Reserve Board regulation setting a maximum "interchange fee" that banks can charge merchants per debit card transaction arguing that the fee ceiling under the regulation exceeded the allowable amount under the Dodd-Frank Act The Board promulgated the regulation in 2011 but the truck stop – which opened for business in 2018 – did not file suit until 2021 The District Court thereafter dismissed the suit as untimely because it was brought outside the six-year window set by 28 U.S.C Court of Appeals for the Eighth Circuit affirmed holding that the limitations period for a facial challenge to an agency regulation begins to run on the date of publication – not when the plaintiff is injured The decision further deepened a circuit split where at least six Circuits (U.S Court of Appeals for the District of Columbia Circuit Eighth and Ninth Circuits) had expressed similar views had held that the limitations period runs when a plaintiff is injured by agency action regardless of publication the Supreme Court resolved this Circuit split and reversed the Eighth Circuit Justice Amy Barrett began the analysis recognizing that a plaintiff can only sue under the Administrative Procedure Act (APA) "unless and until she suffers an injury," under Section 702 and if there has been "final agency action," under Section 704 allows complaints to be filed "within six years after the right of action first accrues." The Court stated that a right of action accrues when a plaintiff can "file suit and obtain relief," and thus held that an APA plaintiff cannot sue "until she suffers an injury from final agency action so the statute of limitations does not begin to run until she is injured." Id Because Corner Post sued within six years after being injured by the Board's regulation – even though the regulation was promulgated in 2011 – the Court found the action timely Like the Court's decision overruling Chevron the Corner Post decision is expected to have a material impact on challenges to agency action most Circuits had held that plaintiffs could not challenge agency regulations unless they filed suit within six years of the regulation's publication the Supreme Court has directed courts to permit APA challenges so long as a plaintiff has been injured by the regulation within the preceding six years Corner Post significantly expands opportunities for APA challenges as it allows entities formed within the last six years to challenge regulations that have stood for decades Please note that email communications to the firm through this website do not create an attorney-client relationship between you and the firm Do not send any privileged or confidential information to the firm through this website Click "accept" below to confirm that you have read and understand this notice Get instant access to ITR on your home screen Add ITR Wrestling to your Google News feed > The APA didn’t get along with this AEW star during their time together Before he transformed into JBL, John ‘Bradshaw’ Layfield spent years in WWE as part of the APA with tag team partner Faarooq The two men are well remembered for their Acolyte Protection Agency skits featuring a backstage office but fans often forget that they were first introduced as a team by Don Callis who went by The Jackyl during that time in WWE Speaking on a recent edition of Something to Wrestle Bradshaw explained that Callis had heat with himself and Simmons due to hyping himself up instead of the tag team he was managing ‘When you’re out there doing promos put over your tag team because we’re the one that’s either gonna draw money or not draw money You’ve got to get us over.’ In hindsight I think somebody was probably in his ear telling him what to say I don’t think he’d go into business for himself In recent news, a WWE Hall of Famer has advised AEW not to run shows against WWE. JBL explained that Vince McMahon decided to fire Callis from the company after he had issues with the APA ‘What’s up with that?’ and the guy with him who you [host Conrad Thompson] know very well [Bruce Prichard] ‘He’s got heat with Ron and John,’ and Vince goes “And so that was the end of it from that point forward JBL made sure to clarify that Don Callis found plenty of success in the world of professional wrestling and that he just wasn’t a great fit for the APA at the time In recent months, JBL has made a number of appearances outside WWE Also on the podcast, it was revealed which WWE Hall of Famer paid the price for overindulging during an Attitude Era segment. h/t Sportskeeda Paul Heyman has explained why he turned his back on Roman Reigns A former WWE Champion has announced their wedding engagement AEW Women's Champion Toni Storm wants to wrestle this Academy-Award winning actor CM Punk has opened up on the women wrestler's role in WWE A WWE Hall of Famer's daughter is currently training to become a pro-wrestler New update has emerged on Chelsea Green's WWE contract Potential date revealed for Cody Rhodes' WWE return A popular WWE Attitude Era star has opened up on his in-ring comeback thoughts the Administrative Procedure Act has been the foundation of administrative law The APA continues to be a critical law and valuable source of debate involving questions of due process, government accountability, and separation of powers. In celebration of the 75th Anniversary of the APA, this week’s Saturday Seminar highlights essays published by The Regulatory Review that focus on the APA The Saturday Seminar is a weekly feature that aims to put into written form the kind of content that would be conveyed in a live seminar involving regulatory experts The Regulatory Review publishes a brief overview of a selected regulatory topic and then distills recent research and scholarly writing on that topic Presidents have played an important and sometimes surprising role in driving regulatory changes History suggests that public accountability and institutional checks can restore stability in government Scholars respond to a review of their work and expand on the book’s lessons for the future Show Comments Load More Americans’ faith in our governmental institutions You don’t have to subscribe to conspiracy theories about the so-called “deep state”—a supposed cabal of government agency employees bent on implementing a secret agenda—to feel that federal and state agencies are unnecessarily secretive and bureaucratic and unresponsive to the public that pays their salaries and to whom they owe a duty to serve Given this apparently prevailing public sentiment one would hope that New York State agencies would be making an extra effort to restore faith in government by reaching out to the public and demonstrating that they are listening and responsive one of the first things that Governor Kathy Hochul promised after taking office was that state agencies would be more open and transparent under her administration the Governor required each agency to prepare and make public a “transparency plan” intended to identify the ways in which each agency would improve its openness and accountability to the public the Adirondack Park Agency (APA) doesn’t seem to have received the message In the experience of Protect the Adirondacks (PROTECT) the APA consistently fails to respond to public inquiries and seems determined to conceal its regulatory activities and decision-making from public scrutiny PROTECT sent three letters inquiring whether the APA is requiring applicants to submit the greenhouse gas emissions analysis required by the Climate Leadership and Community Protect Act (CLCPA) and whether Agency staff is conducting such an analysis APA has failed to respond to any of the three letters and there is no indication that APA is complying with the CLCPA PROTECT and eight other environmental advocacy organizations sent a group letter to the APA noting that amendments to the Freshwater Wetlands Act would be taking effect on January 1 2025 and urging the APA to amend its wetland regulations to reflect the significant jurisdictional and other changes in the amendments The letter also pointed out that the Department of Environmental Conservation (DEC) had already undertaken significant public outreach about needed updates to DEC’s wetland regulations and had proposed regulatory changes to incorporate the FWA amendments which is responsible for administering and enforcing the FWA in the Adirondack Park has failed to respond to the letter and to date has not proposed any updates to its wetland regulations to implement the amendments that are now in effect the APA received more than three thousand public comments opposing the opening of a new mining operation in the White Lake residential community Even though APA’s regulations require the Agency to consider “the degree of public interest in the project” when considering whether to hold a public hearing on a permit application the APA ignored the significant outpouring of public opposition and issued the mine permit without a hearing the APA proposed to eliminate the public comment period at the beginning of its monthly public meeting and shorten the time within which public comments would be considered by the Agency The APA withdrew the proposal only after receiving hundreds of letters in opposition and several scathing newspaper editorials lambasting the proposed changes PROTECT sent a letter to the APA reporting an ongoing unlawful wetland fill in the Town of Minerva and enclosing photographic evidence of the filling activity PROTECT requested that the APA take immediate action to stop the unlawful filling activity The APA never responded to the letter and has apparently taken no action regarding the illegal wetland fill PROTECT sent two letters to the APA setting forth evidence collected by DEC that WhistlePig Whiskey in the Town of Moriah has been violating the terms of its APA permit by allowing off-site emissions causing the creation of “whiskey fungus” on nearby homes The APA never responded to either letter and has apparently taken no action concerning the violations  The APA has refused to release a feasibility study it commissioned with taxpayer dollars concerning the proposed relocation of its headquarters (to be paid for by taxpayers) to Saranac Lake a move that is concerning to many members of the public  The APA recently released proposed amendments to the Adirondack Park State Land Master Plan that would open Forest Preserve lands classified as Wilderness Primitive and Canoe to use of motor vehicles The proposed amendments are significant and far-reaching in scope mark a significant departure from the longstanding prohibition of public motor vehicle use in these areas and are inconsistent with the exemption from motorized access requirements for federal wilderness areas in the Americans With Disabilities Act (ADA) despite the dramatic and highly controversial nature of these changes the APA made no effort to consult with Adirondack environmental groups—or anyone from the public—prior to proposing the amendments The APA has also been dismissive of concerns raised by advocacy groups that the proposed amendments are inconsistent with the ADA and violate the Forever Wild clause of the New York State Constitution and the Adirondack Park State Land Master Plan These are just a few examples of the APA’s reluctance to engage with the public it is supposed to be serving the APA appears to believe it has no obligation to respond or listen to the public on numerous issues of profound importance The APA’s “Government Transparency Initiative Plan,” prepared pursuant to Governor Hochul’s directive was adopted in October 2021 and updated in 2024 The APA’s plan focuses on improving digital access to Agency materials providing more timely responses to Freedom of Information Law requests and encouraging greater participation by APA staff in community events and town meetings what is missing from the Agency’s plan are simple common sense ways to increase the APA’s transparency and responsiveness such as commitments to provide timely responses to inquiries and letters from the public; to give serious consideration to during the monthly APA Board meetings public comments the Agency receives on pending applications and on APA proposed actions; and to engage with stakeholders prior to announcing drastic policy changes such as those in the APA’s proposed amendments to the State Land Master Plan The APA could vastly improve its relations with the public by amending its transparency plan to include these three simple steps—and by honoring those commitments to engage with the public in a more meaningful and productive way Photo at top by Adirondack Explorer reporter Gwendolyn Craig At this point it seems like there is only one option to abolish the agency and return zoning to the towns where it belongs The DEC can manage the state land stuff since that is what they know Can we put the Saranac Lake office near riverside park Everyone should consider discussing this with their state legislators If APA is no longer adhering to its mission statement/charter it should be abolished and/or re-chartered It has become a rubber-stamp agency with minimal research and discussion to facilitate quick decisions.This was not its purpose Turnover and staffing issues started the agency down this path while continued lack of scrutiny from Albany and representatives contributed to the lack of consistent direction That lone truth calls into question most of the rest of this screed Responding to sprawling letters from a single non profit (that most submit letters to give their members some value for their dues) does not a non responsive agency make Has anyone investigated any potential violation of Mr Amato’s lifetime bar for getting paid to write letters about things he probably had some level of authority over in his role as NYSDEC Deputy Commissioner Since the taxpayers are paying for this pension Thank you for shining light on the shocking behavior of the APA I hope continued reporting will motivate the public to keep the heat on the APA’s failures while recognizing its accomplishments Seriously – when was the last time you received a timely response from any state agency If there is a response it usually directs you to a FOIL request page And our local political representatives aren’t much better I’m not giving up as over the years I have best the drum for improvements in the Adirondacks but let’s not be naive in our thinking that the Governor has improved transparency in NYS government DEC and Protect are all subject to the political and financial support of the wealthy Adirondack Landowners Association Neither group will take on issues that directly challenge that support All three organizations have been provided with publically available proof that The Livingston Lake Club in Day NY (Lot 8.-1-28) an 810 acre private in-holding at the end of an illegal roadway through Stony Creek fraudulently acquired a DEC administered “Fisher Act” tax exemption in 1974 This illegal roadway across forest preserve lands which does not exist on APA’s Megan Phillips NY and never existed on maps when these lands were acquired by NYS in 1900 was used to satisfy the “public road access” to fraudulently obtain a tax exemption that costs NYS taxpayers hundreds of thousands dollars for over 50 years Benefitting the primarily 7 out-of-state landowners and prestigious NYS law firm that control this remote in-holding Protect’s Peter Bauer and Claudia Braymer and APA’s Phillips have all been advised of this scheme and choose to ignore Anyone can go on-line and view public documents produced by APA (road inventory map) and DEC (Wilcox Lake Wild Forest Draft UMP) “legality of Lens Lake Road is questionable” Take a drive down Lens Lake Road in Stony Creek to the Livingston Lake Club in Day and you will realize how this land theft has been sustained for 125 years Just look where the top officials from DEC and APA go for their second careers after they start collecting their government pensions The environmental law firms and the advocacy groups continue the circle of corruption Not the APA but I’ve tried to get the NYS Canal Corporation to address a derelict building that sits on their property for years now with no response The house is an ‘attractive nuisance’ to neighborhood children an eyesore right next to the Empire State Trail and is many years tax delinquent Repeated inquires to my Assemblywoman and NYS Senator go unanswered they always get re-elected so I guess there is no need to listen to constiuents or deal with rogue state agencies Have the local town’s administrator zoning regulations Chris Amato has laid out is chilling detail the APA’s many failures to follow law We Adirondackers need a properly functioning regulatory agency to look out for the long-term and short term health of this region Parochial local control would be a disaster for the entire region a fantastic experiment of community and wilderness Improving it’s design requires continual public discussion and re-analysis by all stakeholders – smart dedicated individuals who want the Park to succeed Transfer resources to DEC and amend the APA Act so it is at least as rigourous as SEQRA Perhaps the comments here suggesting turning control of the state lands within the park over to the DEC are not far off especially framed by Christopher Amato’s comments regarding their inaction regarding the Freshwater Wetlands Act Imagine my surprise a few years back when I learned it is easier to get a Temporary Stream Crossing permit for forestry operations from the APA than it is from the DEC outside of APA jurisdiction This is counter to many long held local beliefs that the APA is overly restrictive The DEC has no capacity for regional zoning and land use management/oversight Better to properly staff the APA and do some clearing of the more development oriented commissioners from the board would be a good start since Andrew Cuomo’s tenure as governor has stripped the staff of its authority to properly review the environmental and social impacts of many projects Attrition and lack of balanced and timely appointments have left the agency in its current state – which is essentially an unbalanced The APA was intended to walk on the knife’s edge between environmental protection and development within the Park They have lost their environmental integrity so why bother with impact studies and hearings Environmental protection should not take a back seat as an afterthought There is typically only one opportunity to make an educated decision Eliminate the studies and hearings and you eliminate the education Then you have an easy decision without facts or balance – rubber stamps it appears to be in the hands of monied interests Park policies should maximize the interests of ALL New Yorkers (including wildlife) with at least a 100-year outlook The direction in which I see the Park moving is one where it becomes the “Central Park” of NYS and a refuge for wild things and those with a bit of wild heart Known as “regulatory capture”… It’s all about “regulatory capture.” Unfortunately government agencies at all levels across the country are sucked up into this vortex and that’s why they do not serve the public like the public servants they are supposed to be The APA Should Help People With Disabilities To Make It Easier To Access The Back Country BY ATV I Am 67 Years Old And Have 2 Major Disabilities That Limit Me To Outdoor Activities Fishing And Hunting I Have Been Fishing And Hunting For Over 50 Years And Now I Can Hardley Do These Two Interests There Should Be A Permit The State Or County Can Provide Individuals With Disabilities So We Can Access Back Country Brook Trout Ponds And Hunting Activities Anyone Caught Without The Proper Documents Would Face A Heavy Penalty It Is Obvious That The APA Just Does Not Give A Damn About Their Senior Citizens With Disabilities If “backcountry” is made accessible to ATVs “Reasonable accommodations” are how the ADA addresses access for those with disabilities Figure out what “reasonable” means and you could be President access for the disabled is a little more complex than the way you describe it the DEC already issues special permits to people with disabilities (documented by a physician) to access certain parts of forest preserve using a vehicle where vehicles would normally not be allowed for the purposes of recreation – paddling Please check this out on the NYSDEC website I’ve heard complaints from other senior citizens on this topic but even as healthy people age we can expect to have limitations on what we are able to do and the changes happen at different times for each person You won’t see me doing a 10 mile rigorous hike that I might have done 20 years ago because I don’t have the same stamina and I have a higher risk of serious injury my back doesn’t like lugging camping equipment and sleeping on the ground anymore so I enjoy the outdoors differently now I’ve practiced yoga for 25 years but there are even some yoga maneuvers that I have to modify to protect certain joints Access should be made available under ADA regulations but governments are not required to make everything accessible to everyone all the time Marcy because I think I should have the right to summit that mountain in a vehicle because I am no longer able to tackle that climb you can apply to DEC for a special permit to access numerous areas of the Forest Preserve using a motor vehicle if you have medically documented disbailities https://dec.ny.gov/places-to-go/accessible-recreation/mappwd I completely understand and sympathize with the frustration of accessibility once we begin to lose our mobility My backcountry excursions have not been possible for two decades now I believe NYS is doing an acceptable job of enhancing disability access while restricting motorized access but I feel backcountry protection needs to be kept foremost If the APA and DEC can look away from the obvious use of a one mile illegal road through the Forest Preserve to The Livingston Lake Club in Day 810 acre vacation in-holding for 7 primarily out-of-state owners they can find a way to make the Preserve accessible to the handicapped that are not defrauding the public I was a kid when the APA was signed into law and even though we were just a few miles outside the Blue Line the general consensus was this would just turn into another state agency that would eventually be disliked by both sides 50 years later and that seems to be the case Δdocument.getElementById( "ak_js_1" ).setAttribute( "value" The Adirondack Almanack is a public forum dedicated to promoting and discussing current events nature and outdoor recreation and other topics of interest to the Adirondacks and its communities We publish commentary and opinion pieces from voluntary contributors as well as news updates and event notices from area organizations Contributors include veteran local writers and outdoor enthusiasts from around the Adirondack region views and opinions expressed by these various authors are not necessarily those of the Adirondack Almanack or its publisher Section 706 of the APA states that “court[s] shall decide all relevant questions of law interpret constitutional and statutory provisions and determine the meaning or applicability of the terms of an agency action.” Is Chevron v inconsistent with the text of the Administrative Procedure Act In the early drafts of a recent article,[1] I explicitly argued that the APA clearly contemplated independent judicial judgments about the meaning of statutory enactments Because Chevron calls for deference to (reasonable) agency interpretations of ambiguous provisions I had not read the source materials from the relevant decades The idea of judicial deference to reasonable agency interpretations of law is not inconsistent with the original meaning of the APA First: The idea that courts “shall decide all relevant questions of law” does not dispose of the question whether courts should defer to agency interpretations of ambiguous provisions The right answer to the relevant question of law—the answer that courts should offer—might depend on the agency’s view Those who find clarity in the command that courts “shall decide all relevant questions of law” disregard the possibility vindicated by the historical context (see below) that the command can be understood in multiple ways Section 706 has something in common with the duck–rabbit illusion a famous drawing that from a certain point of view looks like a duck the text plainly contemplates independent review courts are instructed to decide “all relevant questions of law.” What on earth could be clearer because courts might decide that the right answer to the relevant question of law depends on the agency’s interpretation If we care about the original public meaning of the text It’s not enough to stare at the text and find a duck Second: Relevant materials, preceding enactment of the APA, explicitly endorse judicial deference to agency interpretations of law. In 1941, a report of a Committee created by Franklin Delano Roosevelt said the following[2]: Even on questions of law [independent judicial] judgment seems not to be compelled The question of statutory interpretation might be approached by the court de novo and given the answer which the court thinks to be the “right interpretation.” Or the court might approach it not the “right interpretation,” but only whether the administrative interpretation has substantial support Certain standards of interpretation guide in that direction where the statute is reasonably susceptible of more than one interpretation the court may accept that of the administrative body the administrative interpretation is to be given weight—not merely as the opinion of some men or even of a lower tribunal but as the opinion of the body especially familiar with the problems dealt with by the statute and burdened with the duty of enforcing it This may be particularly significant when the legislation deals with complex matters calling for expert knowledge and judgment This passage should not be taken as authoritative it was written several years before enactment of the APA It tells us something about what was in the atmosphere Fourth: Nothing in the legislative history of the APA repudiates these decisions Consider the Senate Judiciary Committee print is obviously necessary lest the proposed statute be taken as limiting or unduly expanding judicial review.” It adds that the goal of the section is “merely to restate the several categories of questions of law subject to judicial review.” Let’s focus on the words “merely to restate,” written again the background set by Gray sent to both the Senate and the House and written shortly before enactment of the APA had this to say about section 706: “This declares the existing law concerning the scope of judicial review.” Perhaps the Attorney General’s view was self-serving but it is consistent with the general thrust of what was being said at the time you will search in vain for any indication that courts must make independent decisions on questions of law or for a suggestion that with respect to judicial review of agency judgments section 706 is solving some kind of problem Here we have a dog that just didn’t bark in the night It is true that a sentence in the House and Senate reports states that “questions of law are for courts rather than agencies to decide in the last analysis.” But who disagrees with that especially if we consider the words “in the last analysis.” If we give weight to committee reports the declaration that “questions of law are for courts in the last analysis” is entirely compatible with the recognition—as in Chevron itself—that it is for courts even for those who believe that legislative history is not relevant In the aftermath of the enactment of the APA the Supreme Court did not take section 706 as a signal that Gray and Hearst had been repudiated or as forbidding judges from deferring to agency interpretations of law In fact not one member of the Court ever did so suggestive of the original public meaning of the section especially when taken together with the fact that the APA was clearly understood as a signal (or the Court never signaled that Gray or Hearst had been questioned or that with respect to agency interpretations of law section 706 expressed a “mood” or laid down new clarity the Court never indicated that section 706 rejected the idea that courts might defer to agency interpretations of law several decisions explicitly embraced that idea In 1946—almost exactly six months after the enactment of the APA—the Court said in Unemployment Compensation Commission v the question presented “is one of specific application of a broad statutory term in a proceeding in which the agency administering the statute must determine it initially.” To sustain the Commission’s application of this statutory term we need not find that its construction is the only reasonable one or even that it is the result we would have reached had the question arisen in the first instance in judicial proceedings The “reviewing court’s function is limited.” All that is needed to support the Commission’s interpretation is that it has “warrant in the record” and a “reasonable basis in law.” A year later, the Court said the same thing, emphasizing that even if an agency’s judgment “[was] considered more legal than factual in nature, the reviewing court’s function is exhausted when it becomes evident that the Deputy Commissioner’s choice has substantial roots in the evidence and is not forbidden by the law.”[5] in the several years after the enactment of section 706 toward the view that courts should not defer to agency interpretations of law but they lost because of what the Court took to be the statute’s meaning (think: Chevron Step One) not because of a sea change or reform supposedly introduced by section 706 no justice even hinted that there had been any such reform.) Consider an explicit statement in Mitchell v where the Court upheld an agency’s interpretation No definition of “area of production” could produce complete equality The Administrator fulfills his role when he makes a reasoned definition On no phase of this problem can we say that the Administrator proceeded capriciously or by the use of inadmissible standards Experts might disagree over the desirability of one formula rather than another It is enough for us that the expert stayed within the allowable limits We think he did here and that the definition of “area of production” … is a valid one It is true that in several dissenting opinions members of the Court accused the majority of abandoning Gray what is noteworthy is that neither the majority nor the dissent invoked section 706 of the APA as a requirement of independent judicial judgment with respect to questions of law the words “decide all relevant questions of law” were used only four times in Supreme Court opinions and in none of them did the Court suggest that those words prohibited deference to agency interpretations If the original public meaning of section 706 was that courts may not defer to such interpretations at some point in the decade after its enactment If the original public meaning were as some people now understand it would we not see a significant amount of evidence that people so understood it then In short: Many people think that Chevron is inconsistent with the original public meaning of the APA But an investigation of the context makes it exceedingly difficult to defend that view Cass R. Sunstein is the Robert Walmsley University Professor at Harvard Law School [1] The final version is Cass R I draw here on some parts of that very long article FINAL REPORT OF THE ATTORNEY GENERAL’S COMMITTEE ON ADMINISTRATIVE PROCEDURE 477–78 (1947) (upholding as reasonable agency’s legal inference despite existence of potentially “more reasonable” inferences); Unemployment Comp 153–54 (1946) (upholding the Commission’s interpretation as reasonable because it was not “irrational or without support in the record”); Billings v 552–53 (1944) (upholding as reasonable Army’s interpretation of Selective raining and Service Act); Dobson v 502 (1943) (upholding as reasonable Tax Court’s decision to divide a single transaction into several steps) [4] One commentator did say that section 706 called for independent judicial review of legal determinations Administrative Procedure Act: Scope and Grounds of Broadened Judicial Review Dickinson does not muster any contextual evidence on behalf of his submission—a sharp contrast with what he is able to do for questions of fact I have been unable to find even one statement in any of the key places in the legislative history Dickinson was the only prominent contemporaneous voice on behalf of the specific view that section 706 had changed the law with respect to judicial review of agency judgments of law Powell and offered no indication that the APA had repudiated it JUDICIAL CONTROL OF ADMINISTRATIVE ACTION 575–76 (Abridged Student ed. Is it any surprise that agencies look for ways to avoid rulemaking When I first studied the courts and the Clean Air Act many years ago One was whether courts should add new mandates to the bare-bones notice-and-comment rulemaking procedures established by the Administrative Procedure Act (APA) Circuit insisted that agencies listen to more parties and provide more extensive explanations of their decisions more devoted to extensive discussion of scientific evidence The second issue was whether judicial review of agency rules should be highly deferential (the New Deal model) or require judges to take a “hard look” at the agency’s reasoning and interpretation of the underlying statute Despite the Supreme Court’s Chevron decision the “hard look” doctrine generally (if inconsistently) prevailed The bureaucratic consequence of these two developments was predictable though not predicted: agencies looked for ways to avoid rulemaking agencies had to devote precious time and resources to elaborate rulemaking procedures Even then there was some chance they would be told to start all over again Meanwhile the expansion of OMB review of “major regulations” increased agencies’ incentives to avoid rulemaking altogether The trick was to find ways to induce regulated entities to comply with the wide variety of informal guidelines produced by federal agencies Robert Gasaway has put his finger on “the two most severe maladies afflicting our administrative state today.” The first is agencies’ common practice of “implement[ing] sweeping policy changes before they are embodied in regular administrative processes” and subjected to judicial review The second is quiet submission to these whispered commands by regulatory targets due to “fear of agency retaliation.” Gasaway devotes his article primarily to business regulation such as the FDA’s licensing of pharmaceuticals Here I will explain how these “maladies” reappear in regulation of educational institutions and subnational governments Although a similar pattern emerges with these institutions the incentives and cures are somewhat different A number of federal statutes prohibit recipients of federal funds from discriminating on the basis of race and national origin (Title VI of the 1964 Civil Rights Act) sex (Title IX of the 1972 Education Amendments) disability (section 504 of the 1973 Rehabilitation Act and the 1990 Americans with Disabilities Act) These laws give federal agencies authority both to issue regulations and to terminate funding to those who fail to comply do federal administrators issue regulations under these laws And virtually never do they cut off federal funding not since the height of southern resistance to Brown v Board of Education in the 1960s has a school lost funding because it failed to comply with a civil rights statute Civil rights agencies have in effect replaced the statutory scheme with one less subject to public scrutiny and debate Consider Title IX, which in recent years has incited the most controversy and Welfare issued its first set of Title IX regulation As athletics became increasingly contentious the new Department of Education announced multiple “interpretations” of those regulations but never issued another APA rule on the topic for decades the Department’s commands on sexual harassment and treatment of transgender students took the form of hundreds of pages of unilaterally issued “Dear Colleague Letters” or “technical” guidance—with virtually no public participation or explanation Not until the Department’s 2020 regulation on sexual harassment did it complete another full rulemaking process on a major Title IX issue for nearly half a century the Department issued extensive controversial rules while ignoring the APA And the number of funding terminations under Title IX remained at zero The history of that 2020 Title IX regulation helps us understand why the Department avoided rulemaking for so long Secretary DeVos withdrew the Obama Administration’s much-criticized guidance on sexual harassment and announced that her Department would soon begin the rulemaking process Over the next eighteen months the Department held hearings negotiated with the Office of Management and Budget and the White House and composed responses to the 124,000 comments it received on the proposal together with a 2,000-page explanation of why it changed some provisions and rejected most of the proposals offered in the comments this was a significant expenditure of time and political capital The regulation was immediately challenged in several federal courts Given the Department’s extensive effort to anticipate every objection and its heavy reliance on the Supreme Court’s interpretation of Title IX it is not surprising that all these challenges failed the Biden Administration announced its intension to revise the 2020 regulations significantly to do so it must go through the same lengthy process There remains one strategic advantage of rulemaking: If APA rules are hard to establish Department of Education lawyers have routinely declared that while informal guidance such as “Dear Colleague Letters” might not be “legally binding,” they still expect all recipients of federal funding to comply with it. How do they get away with this double-talk Civil rights agencies have developed three ways to enforce their informal guidelines Federal courts have ruled that even though Congress did not explicitly create a private right of action in these statutes private parties who claimed to have been injured by a recipients’ failure to follow the guidelines can seek both injunctive relief and monetary damages What can be done to reduce such evasion of the APA courts should reduce agencies’ incentives to rely on informal guidelines by refusing to defer to them in cases brought by private parties The key issue becomes whether the judge hearing these cases will defer to the agency despite its failure to follow APA procedures lower courts have often deferred: the leading example are the Title IX cases on college athletics The Supreme Court added to the problem by suggesting that judges show more deference to agencies’ interpretation of its regulations (which obviously do not go through notice-and-comment ruling) than to its rules the Court seems to be rethinking this line of argument recognizing the perverse incentives it has created The second enforcement mechanism is the lengthy The guidelines the Department issued between 2011 and 2014 on sexual harassment went so far beyond the Supreme Court’s interpretation of Title IX that it could not rely on private enforcement suits almost all the private suits filed on this issue sought to challenge those guidelines the Department launched hundreds of investigations that lasted months and even years Previously it had announced investigations of educational institutions only upon their completion Now it announced them in advance in order to increase pressure on schools to capitulate Investigations would end only when a school agreed to sign a lengthy compliance agreement—which usually required years of subsequent monitoring by federal officials The third strategy was developing alliances with groups within schools sympathetic to the Department’s point of view That is why the Department insisted that each school create an autonomous Title IX office with multiple responsibilities—and consequently This Title IX office would then tell others within the school that they are obliged to follow all Department guidelines—or endanger the entire institution’s federal funding it is frequently repeated by academic administrators and often believed by gullible faculty members Congress should use confirmation hearings to extract promises from nominees that they will use rulemaking for major policy matters It should use the appropriations to punish agencies who evade the APA schools and other recipients of federal funds should stop cowering in the face of agency threats and investigations Unlike a pharmaceutical company whose drug might be denied a license or a federal contractor who might be denied a lucrative job Their leaders might even receive praise for standing up to overbearing regulators A good way for any college president to stand out among the crowd is to display a modicum of courage Robert Gassaway has put his finger on a serious problem and has suggested ways that courts can begin to address it.  Given the extent to which some agencies have sought to evade judicial review we cannot expect too much from the revision of judicial doctrines. It will take action by many others committed to the rule of law Our newsletters highlight and offer a deeper view of the best that is being thought and said in law Improvements in our national political institutions depend on improvements in civic virtue fostered by our social institutions What should receive more discussion is the notion of “Liquidating” the meaning of the provisions of the Constitution Law & Liberty is an online magazine published by Liberty Fund and committed to a society of free and responsible persons living under the rule of law and forum debates that elevate discourse on law all with an eye to understanding and cultivating a free society Part of the Liberty Fund network The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund Early Bird Pricing Ends Soon - Register for Annual Conference Today! a law most of the public has likely never heard of  So maybe we should all just cut to the chase and start telling our clients about the APA Since the expansion of the Administrative State the APA has been a sort of Bill of Rights for millions of Americans whose daily lives are directly impacted by federal agency rules and regulations it has been invoked by plaintiff organizations from across the political spectrum as the basis for countless lawsuits against the federal government and for good reason: it was originally enacted by a reactionary congress in 1946 in response to “New Deal” federal agencies created by FDR to help the depression-era economy Conservative elements in Congress grew concerned about the expanding powers of the federal government And it is this conservative tool that plaintiffs used so deftly to blunt many of the worst immigration policy abuses during the Trump Administration The APA has four main functions: 1) it governs how federal administrative agencies can propose and implement regulations by imposing uniform standards and procedures on rule making; 2) it provides a formal process for federal courts to directly review agency decisions including agency changes to rules and regulations;  3) it allows for public participation in the process of rulemaking 4) it requires agencies to inform the public as to their organization the APA is very complicated and powerful: it was the APA that saved DACA last year at the Supreme Court—and by only one vote (Justice Roberts) the headline refers to Trump executive orders that were ruled by courts to be in actual violation of the APA while the Texas Court’s ruling is merely preliminary It would become dangerous indeed if in the future APA violations became merely the product of whether the Judge reviewing the case was appointed by a Democrat or Republican The Trump administration—for better or for worse—was uniquely ideological and uniquely inexperienced in law and governance a perfect combination for committing APA violations for better or for worse—appears to have a deeper bench with expertise in navigating the Administrative State the APA is one of the most powerful weapons an opposition group can wield when out of power When Biden supporters inevitably begin to chafe at the slow pace of change mandated by APA compliance they would do well to remember that not so long ago If you are interested in related resources Tracking Notable Executive Branch Action During the Trump Administration The Trump Administration’s Final Regulatory Stand First 100 Days of the Biden Administration Contact Us Images of architecture do not exist in a vacuum and while one photograph can take a project around the world and into the media spotlight working architects and photographers know that a complete set of images documenting an entire project is key to accurately showing an architect’s work and vision From books to web articles and everything in between the internet-famous phrase “pics or it didn’t happen” is the story here and in a sense the story of all architecture because while anyone can get lucky with one photograph the true test of skill is to deliver a series of photographs across a variety of lighting conditions or multiple return visits over a longer period of time this category showcases the incredible depth of skill required to deliver a series of simultaneously gorgeous and thought-provoking images covering an entire project from the outside in in order that it be represented to the public as beautifully and completely as possible Germany in 1964 and is classically trained in photography He’s worked as an architectural photographer and filmmaker since 1989 Hans’ primary goal was to illustrate how the architecture responds to its natural location Understanding and showing context for any project is nearly always essential and the setting for this structure was particularly relevant and inspirational for the design as the elongated orientation of the hotel provides views of the mountains in one direction and a backdrop of the forest in the other Hans will be recognized with a cash prize of $1,500 USD and a trophy from AP Almanac “Telling the story and encapsulating the spirit of an architectural project within a handful of images poses a significant challenge delivering a masterful collection that transcends expectations Through beautifully crafted shots taken under a variety of climatic conditions and at different times of the day they exhibit an exceptional level of skill and execution This portfolio showcases all the hallmarks of a master of architectural photography from the meticulous attention to detail to the adept manipulation of light and shadow With this impressive display of talent and artistic vision the photographer has not only captured the essence of the project but has also captured my full attention.” – Gerry O’Leary Dan Ryan is a Phoenix-based architecture photographer and videographer with an unwavering love for the interplay between art and design His work focuses on showcasing the captivating structures that dot the Western landscape From rugged deserts to majestic mountains and along picturesque coastlines he seeks out the hidden gems and iconic landmarks that define the region’s distinctive architectural identity Dan wanted to showcase the materials as well as how the sun interacted with the home Dan will be recognized with a cash prize of $1,500 USD and a trophy from AP Almanac It’s all about framing the landscape and openness of the desert.” Valéry Augustin George Davis is a visionary and practiced land use planner and ecologist In the early years of the Adirondack Park Agency and implement the Adirondack Park State Land Master Plan and the park’s Private Land Use and Development Plan George Davis comes to my mind now because of several proposed amendments to the APA’s Adirondack Park private land use map the so-called “fruit salad” map displaying the private and public land classes The proposed amendments to the map now up for a decision are for 34 acres to go from Moderate Intensity Use to Hamlet in Lake Placid and for 105 acres to go from Rural Use to Moderate Intensity in Lake Luzerne George Davis was interviewed in 1976 about the early days of the APA and that interview became a chapter in “The Great Experiment in Conservation: Voices from the Adirondack Park” (2009 George said that: “The (park agency) staff began by developing a series of overlays depicting the physical biological and social constraints using the methodology for an inventory of private land capabilities I had developed at Cornell It was based on McHarg’s Design with Nature The compilation of overlays indicated how much development the land could take and what would be the appropriate land-use category…As we finished the really key step was that we insisted on field checking these areas We wanted to make sure they made sense on the ground Is it really moderate intensity development and we checked…and corrected these draft maps when you stop to think of all the considerations that went into it merely technical changes made by APA staff require a two-thirds vote by the APA members signifying the central importance of the map to carrying out the Agency’s legislated regional planning mission The altered land use boundaries and classes cannot be for “spot zoning” favoring certain proposed or pending projects The new boundaries must make sense from a regional planning perspective Section 805 (2) (c) (5) of the APA Act states: “the Agency must find that the reclassification would accurately reflect the legislative findings and purposes of section eight hundred-one of this article and would be consistent with the land use and development plan including the character description and purposes policies and objectives of the land use area to which reclassification is proposed economic and other land use factors and any comprehensive master plans adopted pursuant to the town or village law amenability and limitations of the land in question The Agency’s determination shall be consistent with and reflect the regional nature of the land use and development plan and the regional scale and approach used in its preparation.” The burden for changes to the park map fall on the entity requesting the change The proponent of the change must show how the change in potential development intensity and allowed primary and secondary uses of the land “fit” the land in question Did George Davis and his team miss something way back when Is this or that portion of this or that town truly zoned appropriately as Resource Management or Rural Use or Moderate Intensity or Hamlet Does some aspect of a town’s master plan require changing the land class to comport with the town’s declared plans and growth Is the proposed area served by public sewer and water Answers to these and other questions must be part of an environmental impact statement or EIS That is where things stand now for map amendment proposals in the towns of North Elba and Lake Luzerne The EIS for both changes to the map are prepared public hearings have been held (via Zoom) and public comment deadlines end in late May and early June the purposes and quality of these map amendment proposals vary a good deal Persistence from the proposal’s sponsor also varies and matters the Town of Westport requested an amendment in 2018 to move 32 acres from Resource Management to Hamlet After being told by APA they would need to expand their sewer district and ordinance to require future sewering of all potential development there the Town did just that and subsequently gained the amendment in 2019 In the case of the two amendment proposals now before the APA the one in North Elba seems quite well justified The area in question appears to meet the character description and purposes and objectives of the desired Hamlet classification Portions of it are already intensively developed The boundaries of the proposal appear to be of regional scale There has been a lot of planning inputs from the Town including a needs assessment for more affordable community and workforce housing that might be accommodated here in the future Moderate Intensity Use private development near Lake Vanare The proposal in Lake Luzerne appears questionable given the absence of public sewer and water 15 acres of wetlands and the good amount of forest the area meets the description of Moderate Intensity Use The acreage is also a portion of an 18,000 acre regionally important forest block The contrast between this Rural Use area and curb cuts and more significant nearby development along Lake Vanare One quick visit to Hidden Valley Road reveals the contrast On one end of the road lies Double H Ranch camp facilities The 105 acres appear appropriately classified reflecting the care the APA team took in developing the map If the Rural Use area went to Moderate Intensity the overall average development intensity guidelines would change from one principal building per 8.5 acres on average to one every 1.3 acres The impact of such a dramatic change on erosion of soil and water quality of streams entering Lake Vanare could be significant Public comment on the North Elba map amendment ends on May 30. Public comment on the Lake Luzerne map amendment ends on June 2. Go to www.apa.ny.gov for more information and the appropriate links and Peter Paine of the APA at a public hearing in the early 1970s Editor’s note: The Adirondack Explorer is following this issue. Follow the link for recent coverage: https://www.adirondackexplorer.org/stories/apa-map-amendment-hearing. for this knowledgeable and public-spirited post Lake Luzerne needs the APA to aprove this adjustment to land use to make our tax base more equitable we have a lot of retries and older folks – though only one person around the APA’s table would say so in public  That admission came from the non-voting representative of the Adirondack Park Local Government Review Board “We’ve had a lesson in how important the people take their opportunities for public comment,” Mr I am glad he said it because I suspect most were thinking it hit with hundreds of negative comments from diverse directions since March including from some of its own members and from groups like mine (Adirondack Wild) and the Review Board caved in May on their intention in March to ram through restrictions on public comment opportunities and subjecting future Agency policy and guidance documents to rapid decisions during a single meeting It was certainly audacious of the senior staff to think over the winter that cutting down on public comment opportunities and on the time for consideration for changes to APA policy and guidance documents would not be noticed and needed no notice why did they propose such changes to begin with I think the answer to that boils down to the evolution of the APA at its half-century mark the hundreds of annual APA applicants are perceived as the most important stakeholder or agency client for the APA senior staff and not the broader public interest and concern of millions of New Yorker for the Adirondack Park and for the APA itself These broader public interests in the success of the Agency’s regional state and private land plans and environmental protections are expressed multiple times in Section 801 of the APA Act of 1973 as time has marched on APA at the senior staff level has perhaps less interest in those public ideals and more interest in the time clocks and time pressures of responding to applicants APA has been allowed to become by multiple governors a reactive permitting agency not the Act’s intent as long-range planner of natural and wildland resources of vast interest to the entire state taking into account many local and economic considerations Governor Andrew Cuomo made it quite clear when his administration insisted the APA put up “The Adirondack Park Open for Business” signs in its meeting room in 2011  That banner was public proclamation of what was privately understood the broader public interest entirely secondary Public comment opportunities began to be perceived as an irritant all too easy to blame for holding up business or as unfair to applicants The irritation of some APA staff and some APA members could be palpably felt in 2021 and 2022 when articulate residents of Forestport and from Lake George appeared during public comment to tell the APA about the negative impacts on their quality of life and environments of a new granite quarry application at White Lake an expanded Barton garnet mine in North River or new herbicide placed in bays of Lake George These Park residents took the time and effort needed to articulate information as well as deep concerns about their environments and the potential adverse impacts of these projects locally It was not easy for any of these citizens to speak met with defensiveness or irritation or both Perhaps these were the comments which came to mind when an APA member Art Lussi defended the proposed public comment restrictions Quoting the article by Adirondack Explorer reporter Gwen Craig Art said ““I think it’s much more respectful to a board to have these comments at the end of the meeting and I think we certainly have always taken them seriously and to heart I don’t think it’s appropriate to have comments again and then all of a sudden we have our regular presenters an hour later … That’s not professional as an organization and that’s not professional as human beings.”  As to respect for the value of the public comments and for the right of people to express those those were comparatively less important than their apparent disruption of business senior staff defended their March proposal to limit public comment because such comments were “unfair to applicants.” Members of the public might possibly speak of applications before the APA comments that were “ex parte,” requiring APA to give applicants equal time to respond – this despite longstanding decades long Agency practice to cut off public comment about matters up for a decision that very day Agency chairs have done that successfully for years APA staff may have resorted to the term “ex parte” as both a legal shield and a spear to ward off unwashed (and underappreciated) public comments according to agency law and regulation the term “ex parte” has nothing to do with public comments offered during ordinary public comment periods “Ex parte” at the APA actually applies to adjudicatory public hearings where no party to a formal hearing is allowed to communicate “ex parte” with the hearing officer in connection with any factual or legal issue related to the project except with notice and opportunity for all the parties to participate in the communication prohibits “ex parte” contact regarding the matters considered at the hearing between “any person or party” and Agency Board members who will make the final decision APA has not held an adjudicatory hearing since 2011 Why APA senior staff threw out potential “ex parte” violations when members of the public speak for 3 minutes to the APA is anyone’s guess but it reflects the overall dominance of APA applicants as client number one defensively noted that APA does not legally have to provide public comment opportunities at all I guess he was saying that the APA staff’s proposed restriction of comments to the close of the meeting should be viewed as a gift to the public Chair John Ernst and others in March pushed back politely but firmly Smith spoke of the importance of being respectful to the public to continue to allow public comment at the start of Agency meetings Law-Diao was concerned that limiting public comment at the close of meetings sent a negative message that comments were not valued Chair Ernst said that public comments in the morning could continue to be controlled so that they would not interfere with Agency agendas APA did the right thing in the end by sending it all out for public comment and ultimately keeping public comment opportunities at the open and close of business continuing to allow changes in policy to take place only over multiple meetings and deciding to post the Agency’s meeting agenda two weeks ahead instead of the customary one So are the more frequent and somewhat more comprehensive posting of application information on the Agency website The past always appears rosier in hindsight I recall that Agency member Liz Thorndike stayed late after regular Agency meeting business during 1990-92 to convene a roundtable of public interests amusingly dubbed “the hostility circle,” to informally explain what the Agency was doing and why and to hear what was on all our minds about what the APA was doing and why It was a chance for APA to explain and for the rest of us to blow off of a lot of steam from all directions It took a lot of fortitude for Liz and the APA staff to allow and to organize and then to listen to these bull sessions at the end of a long APA meeting but it worked – in the sense that those who participated got the same information at the same time and came to view each other as pretty reasonable people who did not wear horns perhaps because we were all tired and wanted to go home at that point I also recall a moment when APA chair Woody Cole called for public comment on a spring or summer I was in my seat when up rose Nellie Staves chair of the Franklin County Federation of Fish and Game Clubs Nellie went to the ramp of the old APA meeting room She forcefully told the APA that it had reneged on a commitment she had received from APA to install taxidermy wildlife mounts at APA’s new Visitor Interpretive Center at Paul Smith’s Nellie’s comment went on at some length She made the case why those wildlife mounts would contribute to the educational purpose of the VIC  I sensed Agency embarrassment at being dressed up and down by Nellie Staves I also recall APA chair Woody Cole expressing some measure of commitment to do as Nellie asked That might have been a moment when Woody and the other members might have tried to limit public comment opportunities and they made the right decision not to do so this month Photo: Members and staff of the Adirondack Park Agency sit around a table listening to a presentation during the March 16 meeting in Ray Brook originally designed to be more comprehensive than SEQRA SEQRA evolved over the last 50 years while the Act Thanks for the reminder that the Park belongs to all of us and we all should have the opportunity to affect outcomes That’s the problem People forget half the park is private property Property owners still have to abide by the laws where their land is located and property owners should have the right to be heard as well as any other resident/taxpayer Oh the power of eminent domain even when using it as a last resort to intimidate those who would buck the SYSTEM You are using an outdated browser. Please upgrade your browser or activate Google Chrome Frame to improve your experience The newest member of the Adirondack Park Agency board says affordable housing and diversity are her top two concerns in the.. Jul 25 2022 — The newest member of the Adirondack Park Agency board says affordable housing and diversity are her top two concerns in the park Law-Diao was a former dietician for the state health department and is the first Black person to ever serve on the board and attended her first meeting this month Law-Diao explains why serving on the APA board means so much to her and what she wants to accomplish in the position BENITA LAW-DIAO: I've cared about the Adirondacks ever since I first encountered the Adirondacks That's been my territory for my job when I worked for the NYS Health Department I got to know the people and understand some of the issues there But then I'd start to hear about some of the other concerns about the protection of the Adirondacks seeing the impacts on people who live there year out the ones who I consider the true stewards of the Adirondacks because they live there year-round The people who live there year-round see what happens they're the first ones that ring the bell and say look at what's going on up here.'  Whether it's the animals or plant life and they've protected the Adirondacks all these years So I want to be able to support and be a voice and work to protect the Adirondacks what you would say is the most pressing issue in the Adirondacks right now And gas prices being the way they are right now even people who live on the border of the Adirondacks and who've been commuting in for work They're really struggling because they're spending their whole paychecks on gas I'd like to work in collaboration with local government and stakeholders to understand what impediments there are to building affordable housing Photo courtesy of Benita Law-Diao RUSSELL: Do you feel like the Adirondack Park Agency has the power it needs to affect change in the park I think we really need to work closer with our allies and bring in new allies I think networking and just talking to a broad audience and sharing what we know with others will make a big difference I think education is going to be a great key— letting people know who we are And then partnering with the governor and other agencies RUSSELL: How would you describe your responsibility on the APA board Photo courtesy of Benita Law-DiaoLAW-DIAO: One of the reasons why I'm glad I'm here is because I don't know how effective [the APA] has been at reaching the African American community or a broader audience of people of color And I think the fact that I'm physically here will let folks know that we're here there's a history of African Americans in the Adirondacks— we've been here most of us don't even think we should be here A lot of people I know don't even know that African Americans live in the Adirondacks it's because we're coming up there to see people in prison Then you don't necessarily see us working on moving around within the Adirondacks So it doesn't seem to be a hospitable place for people of color with some of the initiatives that have gone on like the Adirondack Diversity Initiative and the work they've been doing— this past year I've seen more people of color working in places in the Adirondacks than I've ever seen in all the years I've been coming to the Adirondacks I think the other thing that needs to happen is that we need to encourage the interaction of people in the Adirondacks with people outside the park of more diverse audiences RUSSELL: I wonder— what's your favorite way to experience the Adirondacks Photo courtesy of Benita Law-DiaoLAW-DIAO: Oh I'm a member of the Adirondacks Center for Loon Conservation And I love to be on a quiet pond or lake and just listening to the loons it just brings me such joy and peace and says to me that this is a good place to be and the world is all right I am so thankful that we have 6 million acres that as a state preserved but to have 6 million acres that we cared enough about that we preserved as green space is amazing And so the more people within the state and outside the state that we can get to care about this property and support it is absolutely vital Efforts to modernize the APA should be approached with caution and enacts a formula upon which opposing social and political forces have come to rest” and “contains many compromises and generalities the APA has shown remarkable staying power Originally, the APA had 12 sections. In 1966, its provisions were codified into Title 5 of the U.S. Code—sections 551 to 559, sections 701 to 706, and some other scattered sections relating to administrative law judges. Those provisions have only been amended in any substantive way five or six times and most of the amendments have been relatively peripheral APA really only covers four primary subjects: administrative adjudication; administrative rulemaking; judicial review of agency action; and the availability of government information this masks the complexity that attends those four subjects the APA divides agency actions into two categories subdivided into formal and informal versions The judicial review provisions cover the rules for accessing the federal courts—reviewability and exhaustion of remedies—and also the scope-of-review standards that the courts should use in reviewing different types of agency actions have the same skeptical take on administrative common law and agree that it would be good if Congress took steps to update the Act But one wonders if they would so readily agree on how Congress should do so When the topic of proposals to “update,” “reform,” or “modernize” the APA comes up, I am always tempted to quote the 19th century British commentator who reportedly quipped Don’t talk to me of reform; things are bad enough as they are!” Experts could debate the merits of these statutes but they have undeniably taken some of the steam out of the APA reform movement Of course, the courts, through administrative common law, and Presidents, through executive orders—especially the ones that created Office of Management and Budget review of executive agency rules—have also added more procedural and analytical requirements with some commentators saying that these changes have appropriately improved the APA framework sufficiently and others saying that these changes lack the needed imprimatur of Congress mainly because the Democrats had the filibuster as a blocking mechanism Granted, there are also some proposals coming from the current progressive wing of the House, including a bill called the Stop Corporate Capture Act. Among its provisions are some amendments to the APA that would codify Chevron require “social equity assessments” in rulemaking require written explanations when an agency withdraws a rule that it submitted to the Office of Management and Budget and require commenters to disclose the funding of non-peer reviewed studies or research mentioned in their comments But they were overshadowed by the more radical changes in the bill Could these proposals be separated into a stand-alone bill that might be able to pass there is not enough of a political payoff for simply supporting good government or “better regulation” for that to happen So where does that leave American administrative law But for the purpose of reflecting on the project of administrative procedure reform more generally what can be said about possible amendments to the APA just a different reading of the current text But back in 1978, Verkuil suggested that the APA should be amended to create what he called a unitary administrative procedure that would apply to what is considered informal adjudication It would combine the written comment process of informal rulemaking with oral hearings and cross-examination on specific issues as the agency so determines This was an early and innovative attempt to fill in the APA’s blank box of informal adjudication procedures but a large-scale effort to undo these judicial innovations would be disruptive.” and to anyone who finds the argument appealing that Congress should be lobbied to modernize the APA I would ask: Do you think Congress would agree to limit itself to the ABA’s consensus proposals Do you really think that the core of the APA as it stands now would survive going through the legislative wringer To close with an analogy, we all know that the U.S. Constitution has some serious flaws, but how comfortable would we be with gambling that a new Constitutional Convention would come up with a better one Jeffrey Lubbers is a Professor of Practice in Administrative Law at the Washington College of Law at American University This essay is part of a six-part series entitled, Administrative Law in Comparative Perspective Advocates for ideas and draws conclusions based on the interpretation of facts and data Translations may contain inaccuracies—please refer to the original content the American Psychological Association (APA) is working hard to prove those feminists wrong A few years ago, the APA released practice guidelines for therapy with men and boys An APA press release on the new guidelines made clear just what those guidelines amounted to: an assault on traditional men and boys "They draw on more than 40 years of research showing that traditional masculinity is psychologically harmful and that socializing boys to suppress their emotions causes damage," reads the press release "The main thrust of the subsequent research is that traditional masculinity—marked by stoicism The guidelines go on to explore this harmfulness claiming that "conforming to traditional masculinity ideology has been shown to limit males' psychological development result in gender role strain and gender role conflict and negatively influence mental health and physical health." Traditional masculinity leads to violence "An analysis of masculine norms may shed light on the context of violence against gender and sexually diverse people as spaces where this discrimination occurs are often marked by traditional masculinity," the authors write the guidelines recommend that "when working with boys and men psychologists can address issues of privilege and power related to sexism in a developmentally appropriate way to help them obtain the knowledge and skills to be effective allies and potentially live less restrictive lives." It would be one thing if it were true that traditional masculinity was steeped in violence and harm But it's far from clear that this is indeed what 40 years of research shows—making the APA's attack on masculinity even harder to defend I've just published what I believe is the first peer-reviewed assessment of the APA's guidelines for men and boys Far from there being a slam dunk link between traditional masculinity and negative mental health or behavioral outcomes The authors of the guidelines are uniformly focused on the social construction of gender ignoring biological inputs to both sex and gender identity the APA's report is clearly disparaging of traditional men and their families masculine values to an entire suite of negative mental and physical health outcomes—with no real scientific rationale Indeed, it was politics that motivated these conclusions. The guidelines were written from a radical, intersectional perspective. And this isn't my subjective opinion. In conversations I had with most of the authors, they acknowledged as much "While the Guidelines were drafted by about 30 psychologists over a 13-year period your comment about its emphasis on intersectionality is on target," one told me "It is accurate to say that intersectionality over time emerged as a good way to frame understanding and accessing the multiple intersectional identities of boys and men," another admitted The intersectional approach that motivated these the guidelines reflect forms of feminism focused on identity politics and other loadstone jargon from the political far Left a kind of "Practice Guidelines for Dogs" written by cats I am highly skeptical that the partially unemployed coal miner is going to benefit much from discussions of his privilege The APA guidelines do have value in supporting the well-being of non-traditional men and those need not come at the expense of traditionally masculine men Discussions of identity in recent decades have obsessed over the notions of power and privilege but as progressive ideologies sweep through left-leaning institutions such as the APA we're beginning to see some real inversion of these concepts we're reaching a point where they have become more complex By releasing practice guidelines that misrepresent the science the APA does harm to public trust in science If the public increasingly believes—for good reasons or bad—that science is political nonsense giving the public exactly that is poor strategy the APA has an obligation not to promote prejudice or discrimination against any group Though the APA has historically failed on this score in relation to women and non-white ethnicities this is no excuse for the APA to now evince what appears to me to be a clearly bigoted attitude toward traditional men But the biggest risk is obviously to traditional men not just because the APA has decided they are a legitimate target for sexism and prejudice but also because many men and their families are now going to view psychotherapy as directly hostile to their values These men and their families won't seek therapy they might otherwise benefit from None of this minimizes very real sexism toward woman and misogyny that exists across societies Issues of violence toward women and equal pay remain of worldwide significance Yet sexism toward men and women can coexist in a fractious society Chris Ferguson is a professor of psychology at Stetson University and author of How Madness Shaped History Mortal Combat: How the War on Violent Video Games is Wrong and the mystery novel Suicide Kings The views in this article are the writer's own Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground Newsletters in your inbox See all and it’s always great to hang out with other architectural photographers this field is filled with genuinely good people and it’s one of my favorite parts of being an architecture photographer Our top five winners each get a trophy – but one ‘takes home’ the grand prize I look forward to following each and every one of your careers as I am sure you are all destined for incredible success if you keep at it Vancouver-based Graham Handford has worked as a graphic designer for architects he’s shifted his focus to documenting the built environment through photography Graham is able to layer design fundamentals with elements that make for an engaging photograph: scale Graham will receive a trophy and all expenses paid trip to California for a private workshop with AP Almanac founder Mike Kelley “These images do a great job at selling the buildings they depict which is often our team’s main challenge–how do you capture the story of a building with only a single image I think each of these succeeds in doing just that while also demonstrating how these buildings interact with their physical context and surrounding community.” – Allison Ball After graduating as an Architect with a mild interest in photography a stranger on the internet suggested that Ekansh explore architectural photography and in 2020 he began his architecture photography journey I try to capture stories that emerge within a space The interaction of the built with its human inhabitants not only adds scale but also establishes a meaningful connection Ekansh will be recognized with a trophy from AP Almanac “The ability to capture the built environment under intriguing light and to include people without staging the photography is excellent.” – Silvia Kuhle Finland who primarily photographs architecture and interiors He aims to show the buildings as breathing objects in harmony with their users Sami will be recognized with a trophy from AP Almanac Patrick approaches each project with the intention of blending client expectations with his personal creative aesthetic Patrick relies heavily on the human form to help convey purpose and scale Patrick will be recognized with a trophy from AP Almanac this photographer has clearly demonstrated their extraordinary ability The dynamic and captivating impact of this dusk shot stands out the photographer could have easily taken the top prize The image’s compelling composition and lighting capture the essence of dusk making it truly arresting and a testament to the photographer’s skillful execution and artistic vision.” – Gerry O’Leary Kathy Wallace is a Sydney-based paralegal who has taken up architecture photography as a passion project This set was taken across Australia and New Zealand and focuses on colors in architecture Kathy will be recognized with a trophy from AP Almanac These photos work beautifully as a triptych The pictures are vibrant and give me a sense of playfulness.” -Valéry Augustin An official website of the United States government VA|News EmploymentVA Careers Learn about rewarding psychiatry careers helping Veterans improve their mental health during the virtual American Psychiatric Association (APA) annual meeting May 1-3 you’ll enjoy a meaningful career giving back to those who have served and helping them recover from depression Due to COVID-19, the APA meeting will be held completely online this year, with a virtual exhibit hall, live sessions, lectures and keynote speakers and opportunities to earn continuing medical education (CME) credit Stop by the VA Careers virtual booth to speak with recruiters find out about open positions and learn more about why you should choose a psychiatry career at VA “We’re hiring psychiatrists at VA facilities from coast to coast They are vital to improving mental health care for the nearly 9 million Veterans enrolled at VA,” said Darren Sherrard associate director of recruitment marketing Veterans face unique challenges when returning home and transitioning back to civilian life and our psychiatrists and other mental health professionals expertly tailor treatment plans that empower Veterans to take charge of their wellbeing and pursue fuller lives In addition to the rewards of a career based on giving back you’ll enjoy a competitive salary and a wide range of benefits Stop by our booth to talk with our recruiters about perks like: you can work anywhere in the United States You’ll take all the benefits you’ve earned with you if you transfer facilities improving their overall wellness and setting them on the road to recovery NOTE: Positions listed in this post were open at the time of publication. All current available positions are listed at USAJobs.gov The comments section is for opinions and feedback on this particular article; this is not a customer support channel. If you are looking for assistance, please visit Ask VA or call 1-800-698-2411 never put personally identifiable information (SSAN etc.) or protected health information into the form — it will be deleted for your protection the VA should stop over bullsht and pretense about helping us veterans and do the damn job it was supposed to do Doesn’t do them any good to have psych evaluations when they routinely refuse to give us the medical and mental care we need Va’s motto is deny deny deny and Hope the best of veteran dies I think you should hire veterans who have a BA in psychology (like me) to help assist psychologists and psychiatrists in the VA Especially if you are unable to recruit enough psyc doctors So many “psych techs” could be managed under one doctor Sometimes they just need to talk with someone who’s not related but in a controlled environment to talk freely get some things out in the open because they’ve bottled up everything so tight and THEN look at a treatment plan or a physical recovery like Equine (horse) therapy If by the time they get in for an appointment actually open up some and put on some “plan” before a vet feels he’s even been heard and TRUST who they’re talking with Whether it’s access to the great outdoors or a calmer pace in your everyday life you can find it in rural VA communities around the country We offer some quick and easy steps to show you how to format a cover letter The eye care provided by ophthalmologists can make all the difference to our Veteran patients Get more resources at VeteransCrisisLine.net An official website of the U.S. Department of Veterans Affairs Looking for U.S. government information and services?  Visit USA.gov KLAS $1M up for grabs at the APA Poolplayer Championship The Southern Nevada Senior Law Program is offering free legal services to seniors across the valley through its monthly Ask-A-Lawyer Program A former Las Vegas police officer in prison for killing a woman in 1997 refused to attend his parole hearing Monday UNLV researchers are providing free diabetes risk assessments to support the health of the Las Vegas community The driver accused of killing a Las Vegas high school senior was more than three times the legal limit according to a preliminary test taken after the fatal crash Las Vegas couple gear up for Cinco de Mayo A traffic camera in Ohio caught a driver who missed a freeway exit - and stopping in the middle of traffic Police: Driver causes 3-car crash after failing to stop for red light Administrative law folks looking for drama will be disappointed by yesterdays 7-1 opinion inAzar v. Allina Health Services a Medicare case that had potential wider implications for administrative law but in the end turned out to provide a bread-and-butter statutory interpretation analysis that said little about administrative law or even very much about Medicare The question was whether the Department of Health and Human Services was permitted to change an important reimbursement formula for hospitals that treat many low-income patients Involving whether Medicare Part C patients should be counted along with Medicare Part A ones in the calculation that question was worth more than $3 billion in this case alone Resolving the case also might have required the Supreme Court to opine on an extremely important and unresolved area of administrative law: where to draw the line between interpretive rules which the Administrative Procedure Act exempts from notice and comment for which those procedures are normally required HHS had claimed that the APAs exception for interpretive rules applied to its payment change that included Part C patients in the formula the hospitals had argued that the APAs substantive/interpretive divide had nothing to do with this case and that the Medicare Acts distinctive language differs intentionally from the APAs exemption in an opinion by Justice Neil Gorsuch that largely echoes the textualist opinion written below by then-Judge Brett Kavanaugh Determining that the casehinges on the meaning of a single phrase in the notice-and-comment statute Congress drafted specially for Medicare in 1987 Gorsuch focused on the language of Medicare Section 1395hh(a)(2) That section requires notice and comment for any rule or other statement of policy that establishes or changes a substantive legal standard governing … the payment for services The question was whether substantive legal standard a phrase the Supreme Court found nowhere else in the U.S meant something different from a substantive rule under the APA The hospitals had argued that a substantive legal standard under Medicare does not necessarily connote a substantive rule with the force of law but rather is merely a standard that creates duties as opposed to a procedural standard that sets out how those duties the majority made quick work of the trickiest administrative law question in the case Opining that everyone agrees that a policy of counting Part C patients in the Medicare fraction is substantive in this sense because it affects a hospitals right to payment the court found no need to delve into the intricacies of what substance means for purposes of the APA In finding the Medicare Acts exemptions from notice and comment distinct from those of the APA the majority relied on one of the Roberts Courts favorite textualist tools: the presumption that Congress uses words consistently across statutes and the court should assume that any deviation is intentional the court noted that the Medicare Act uses the word substantive differently from the APA whereas under the APA policy statements are expressly exempt from notice and comment under the Medicare Act statements of policy are expressly included in the category of possible substantive legal standards whereas Congress has expressly cross-referenced or copied portions of the APAs two exemptions from notice and comment in other statutes in Medicare Congress expressly borrowed (through cross-reference) only one of those exemptions — the good cause exemption — and not also the exemption for interpretive rules Congress has shown us it knows how to copy the APA when it wants to and it could have gone about it in a much more straightforward way HHS can ordinarily choose between rulemaking and adjudication for making policy decisions (and that here it had chosen the latter in posting revised payment calculations on its website) Breyers dissent delved deep into the statutory history including the extremely complicated legislative history of the Medicare language at issue — which pointed to Congress desire to copy the APAs protections into the act He also focused on the policy implications:To imagine that Congress wanted the agency to use those procedures in respect to a large percentage of its Medicare guidance manuals is to believe that Congress intended to enact what could become a major roadblock to the implementation of the Medicare program Charging the majority with failure to offer clarity for Medicares future Breyer argued that it still remains entirely unclear just how to determine what qualifies as a substantive legal standard under the act He would have remanded the case for further proceedings on whether the change at issue was a substantive or interpretive rule under the APA The majority paid relatively little mind to the dissents concerns It engaged the legislative history the dissent offered but found itambiguous at best It also concluded that policy concerns have little place when the statutory language is clear But the decision may offer two morsels of possible relevance for administrative law mavens searching for some kind of trail Even as the majority strained to avoid jumping into the interpretive/substantive rule divide the Supreme Courts frustration with HHSs form of notice here was pretty clear With respect to the agencys decision after the U.S Court of Appeals for the District of Columbia Circuit had struck down its regulation that it still wanted to count Part C patients in determining its fiscal year 2012 payments and could not rely on a later prospective rule to do so the Supreme Court wrote: The agencys solution It posted on a website a spreadsheet announcing the 2012 Medicare fractions for 3,500 hospitals nationwide and noting that the fractions included Part C patients Even if prior notice and comment had not been required the agencys decision to use what the court called an Internet posting seems to have rankled the justices the Supreme Court briefly stepped into an open debate about the necessary length of the comment period under the APA in noting that the Medicare statute mandated a 60-day comment period (twice the APA minimum of 30 days) for agency actions like the one here requires 30 days only before most final rules can take effect irrelevant error or the court could be wading into unresolved conflicts over whether shorter periods prevent an opportunity to participate under the APA Posted in Merits Cases Cases: Azar v. Allina Health Services is a psychosocial rehabilitation specialist and author of the "Everything Psychology Book." board-certified psychiatrist who operates a private practice in Pennsylvania The APA Code of Ethics applies only to work-related, professional activities including research, teaching, counseling Private conduct is not subject to scrutiny by the APA's ethics committee This principle encourages psychologists to strive to eliminate biases and prejudices that might influence their work This includes acting independently in research and not allowing affiliations or sponsorships to influence results Psychologists should also always practice within their area of expertise and also be aware of their level of competence and limitations This standard stipulates that in an emergency situation professionals may provide services even if it falls outside the scope of their practice in order to ensure that access to services is provided In cases where information must be divulged psychologists must strive to minimize these intrusions on privacy and confidentiality This standard also states that faculty members are not allowed to provide psychotherapy services to their students avoiding sexual relationships with clients and continuation of care are other areas that are addressed by this standard Those affected by ethical violations may also opt to seek monetary damages in civil courts Here is a list of the U.S. psychology boards Choose your state and refer to the contact information provided American Psychological Association. Ethical Principles of Psychologists and Code of Conduct. Including 2010 and 2016 Amendments. Washington DC: American Psychological Association 2020 https://www.apa.org/ethics/code Hobbs N. The development of a code of ethical standards for psychology 1948;3(3):80–84.https://doi.org/10.1037/h0060281 Conlin WE, Boness CL. Ethical considerations for addressing distorted beliefs in psychotherapy. Psychotherapy (Chic) Stark L. The science of ethics: Deception, the resilient self, and the APA code of ethics, 1966-1973. J Hist Behav Sci Smith RD, Holmberg J, Cornish JE. Psychotherapy in the #MeToo era: Ethical issues Erickson Cornish JA, Smith RD, Holmberg JR, Dunn TM, Siderius LL. Psychotherapists in danger: The ethics of responding to client threats, stalking, and harassment. Psychotherapy (Chic) American Psychological Association. Complaints regarding APA members American Psychological Association. Council Policy Manual. Policy Related to Psychologists' Work in National Security Settings and Reaffirmation of the APA Position Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. Adopted by APA Council of Representatives DC: American Psychological Association 2020 https://www.apa.org/about/policy/national-security You are using an outdated browser. Please upgrade your browser to improve your experience Inside the APA: An Update on the Journal of the APAs Most learned societies in the US have had journals for decades Though the possibility of launching a journal had been discussed occasionally for years it wasn’t until 2011 that the ball really got rolling on an APA journal thanks to the hard work of Robert Audi and Dominic McIver Lopes the APA board of officers approved an initial plan for a journal; the following year the board reviewed proposals from presses; in 2013 the APA selected Cambridge University Press as the journal’s publisher and appointed an inaugural editor-in-chief John Heil (one of the co-authors of this post) Heil and his editorial team worked diligently for more than a year to prepare with Sally Hoffmann (another co-author of this post) and her team at Cambridge for the publication of the first issue in early 2015 Now, nearly two years in, the Journal of the American Philosophical Association is well on its way to achieving its ambitious goals and we thought it would be a good time to share an update on how things are going What were those goals? The original editorial statement set them out as follows: Some of these goals are empirically measurable The journal’s readers will judge whether we have succeeded in publishing papers that go out on a limb papers that draw from and appeal to diverse philosophical constituencies and traditions as John Heil noted recently: “The editorial team comprises philosophers with a shared vision for a journal of the highest standards that encompasses serious philosophy in all its amazing diversity Our continuing goal is to publish work that benefits philosophy the journal has published 81 papers from a range of scholars To ensure a fair and transparent review process the journal uses a triple anonymous review system with a team of six associate editors supporting the editor-in-chief We are pleased to report that over the last 12 months the journal has achieved an average turnaround time of 29 days per submission well ahead of our original aim of 12 weeks Papers are published online early via FirstView within eight weeks of acceptance with a current acceptance rate of approximately 6 percent having been cited four times within 12 months of publication We’re also very pleased at the accolades the journal has received. In addition to winning the prestigious PROSE Award for the best new journal in the humanities and social sciences the journal has been accepted for inclusion in the SCOPUS database and is currently being considered for Clarivate’s Arts & Humanities Citation Index While the journal is enjoying a considerable degree of professional credibility Long-term success will require that we double—or indeed triple—current numbers of submissions This in turn will depend on (a) the perceived professional standing of the journal and (b) turnaround time for submissions and are doing well by just about every measure but professional standing—whatever its degree of reliability—must be earned We appear to be moving in the right direction So we hope you’ll help us continue to build that professional standing. Submit your next article to the Journal of the APA. Encourage your colleagues to do the same and suggest that authors of excellent papers you see presented at conferences submit to the Journal of the APA as well And look for an increased presence of the journal at APA meetings: beginning next year we’ll be hosting author-meets-critics sessions featuring commentary on selected papers published in the journal you can always stop by the Cambridge University Press booth in the exhibits area at APA meetings to learn more about what’s going on with the journal and keep an eye out for us or any member of the journal’s editorial team at meetings to ask questions and share your thoughts on the journal—we’re happy to hear from you Amy Ferrer has been Executive Director of the APA since 2012 Sally Hoffman is Executive Publisher for Humanities and Social Science Journals at Cambridge University Press You can also find this update on the The American Philosophical Association’s Blog website here Visit the Journal on Cambridge Core to find out more There is a strong presentism bias in current modes of governance short-term culture dominates our political to the point of systematically lacking concern for future generations and the risks they face Risks range from environmental collapse to risks from new technologies Evidence of political carelessness for the long-term abounds: from a […] The latest issue of Law & Society Review is an exciting one for many reasons It contains the biannual Law and Society Association presidential address and associated commentaries as well as a series of original research contributions and book reviews this issue showcases the journal’s new […] When police officers act (or appear to act) outside of the criminal law community trust in the criminal justice system is put to the ultimate test many jurisdictions rely on civilian oversight to investigate and respond to allegations of criminal activity committed by police officers the Special Investigations Unit […] International Women’s Day 2020 falls on Sunday each week day we’ll be highlighting one woman whose accomplishments in science engineering and/or mathematics not only elevated their fields but also took us one step closer to a gender-equal world Learn how a group of ordinary people inspired the book when they reclaimed over 240,000 apartments back from corporate landlords 🔗 International Tax Review is part of Legal Benchmarking Limited Copyright © Legal Benchmarking Limited and its affiliated companies 2025 Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement Define the most appropriate TP methods and criteria applicable to the transactions carried out with related parties; Determine the entry or exit value of assets when the entity transfers its residence in or out of Italy; In case a non-resident company starts a new business in Italy verify through prior assessment whether the conditions for a permanent establishment (PE) to exist in Italy are met including double tax treaty provisions applicable to cross-border items among which the tax treatment of income (such as dividends royalties or other income items) paid to/received from non-resident companies; and Determine the attribution of profits to a PE in Italy of a non-resident company or to a PE in another state of a resident company according to the international standard recommended obtaining certainty regarding TP is the most important benefit sought via the APA but companies also benefit from the ability to make operational decisions without concerns about subsequent TP adjustments TP examinations are time consuming and expensive the Italian tax authority requests extensive information about the Italian taxpayer and the related parties involved in the transactions This requires the taxpayer to spend a significant amount of time and money providing the relevant information the APA programme is generally expected to take less time (or less day-to-day management time) to complete than a TP examination After the taxpayer and Italian tax authority negotiate an APA the taxpayer is only required to demonstrate on an annual basis compliance with the APA eliminating the need to update annually the comparable company information used in preparing the TP documentation Substantial reduction of compliance costs over the term of the APA the Italian APA programme does not require any access fees to be paid Bilateral and multilateral APAs substantially reduce the possibility of juridical or economic double or non-taxation where all the relevant countries participate unilateral APAs do not provide certainty in the reduction of double taxation because other tax administrations may consider that the methodology adopted does not give a result consistent with the arm's-length principle there are cases where unilateral APAs in Italy may be advisable or even the only possibility when many countries are involved or when the tax authorities of the other countries involved do not see the need for entering into an APA The same may be true for small MNEs and in cases where only a small amount of tax is at stake or where the issues are not difficult and the main goal is to secure the TP position of the taxpayer in Italy the Italian tax officers in the assessment field might not have specialist knowledge of the specific industry/sector or on complex TP aspects the Italian APA team has developed expertise in TP with respect to legal and economic issues as well as how a treaty partner will approach an issue with a focus on efficient and creative ways to resolve a TP case the Italian APA team has shown greater openness in improving the tax authority-taxpayer relationship which are under pressure to reach monetary targets davide.bergami@it.ey.com Davide Bergami is a member of the leadership team of Studio Legale Tributario EY and a partner in-charge of the TP and operating model effectiveness (OME) team in the Mediterranean Davide has more than 20 years of experience in TP focusing on APAs Davide experienced a one-year secondment in Amsterdam He also took international executive training courses at the Kellogg School of Management (2011) INSEAD (2014) and London Business School (2016) Davide has been lecturing in various master and specialised seminars at institutions including: Bocconi University Higher School of Economics and Finance Ezio Vanoni He has also authored several publications in leading international taxation journals Davide has been the energy market segment leader for the Mediterranean antonio.zegovin@uk.ey.com Antonio Zegovin is a senior manager in the TP and OME team in the UK He has acquired significant experience in the field of international taxation He also has extensive experience in advance pricing agreements mutual agreement procedures and settlement negotiations His clients include leading Italian and UK multinationals Antonio began his career as a TP professional in 2010 He worked at Studio Legale Tributario EY's Milan office from 2016 to 2018 and moved to Ernst & Young in the UK in 2019 He holds a degree in business administration and a master of science degree in business administration and law (Bocconi University You have reached the limit for gifting for this month A general view of the American Psychological Association headquarters in Washington The American Psychological Association is seeking to make amends for past wrongs The APA, an organization that has been around since the late 1800s, issued a lengthy statement on Friday apologizing not only for the APA's role in perpetuating systemic racism has also played in systemically harming people of color for decades The organization's Council of Representatives unanimously voted to adopt a resolution that and denigration" of communities of color; as a result they failed in their mission to better the lives of others and owns the actions and inactions of APA itself and individual psychologists who stood as leaders for the organization and field," the resolution reads The APA's apology also admits that it should have come sooner but stated that many in the field have failed to take responsibility Friday's resolution seems to be just one of many steps the organization plans to take APA acknowledges that recognition and apology only ring true when accompanied by action; by not only bringing awareness of the past into the present but in acting to ensure reconciliation "We stand committed to purposeful intervention and individual psychologists are leaders in both benefiting society and improving lives." The APA also passed two more resolutions on Friday: one describes the work the APA and the field of psychology must to dismantle racism in society, while the other announces their commitment to combating inequality in health In a statement included in a press release issued on Friday APA and American psychology are systematically and intentionally examining acknowledging and charting a path forward to address their roles in perpetuating racism," Kelly said "These resolutions are just the first steps in a long process of reconciliation and healing This important work will set the path for us to make real change and guide the association and psychology moving forward." Become an NPR sponsor supposedly demonstrating psychology to be the latest social science to join the ranks of the war on men this report should have served as a wonderful opportunity for dialogue regarding masculinity The report reflects concerns raised by both sides of the political spectrum and there is far more common ground than might be expected rather than finding any opportunity for civilized discussion the news media would rather engage in the typical strategies of oversimplification and polarization that so define modern politics The APA report highlights a number of facts that many, such as Dr. Christina Hoff Summers, have raised previously men are more likely to commit and be the victims of homicide and are three times more likely to commit suicide The report further outlines 10 guidelines for psychologists to consider in addressing these and similar issues The norms of “a real man” depend on factors like age each of which may provide its own specific challenges Many of these guidelines should be uncontroversial regardless of your political orientation many of them have been talking points of the political right for several years such as recognizing the importance of caring fathers in the family unit the report recognizes—and indeed emphasizes—that there is no single conceptualization of masculinity The report focuses on psychologists learning to recognize and address these challenges in the treatment of men as well as dealing with the antisocial phenomena that may result or emotionally restrictive norms like “boys don’t cry.” and it seems to define modern political discourse It seems that many would rather blindly assert these traits to be positive never stopping to consider the potential negative consequences raised by the APA’s report some of the traits warned about in the APA’s report can have positive manifestations Aggression can be positive when used to defend the self The desire to provide can be an important part of maintaining a healthy family unit I sincerely hope it is uncontroversial to say that aggression is maladaptive and immoral when it takes the form of spousal or child abuse Dominance is likewise undesirable when it causes a predilection to start bar fights over minor insults Even the desire to be the “breadwinner” can also be maladaptive if a man is uncomfortable when his wife makes more than him and it harms their relationship With demonstrated potential risks like abuse such a reactive response seems foolish and dangerous the norms and requirements of being a “real man” have real concretely deleterious effects for men who subscribe to them or live in a culture where they are enforced The phenomenon still serves as a concrete example of how masculinity and its associated norms can have severe risks for its adherents Honor ideology is a widespread phenomenon in America despite what some on the right claim about the harmful effects of masculinity being “outliers.” Millions of men subscribe to these norms and suffer the negative effects of doing so including the “gender role strain” mentioned in the APA’s report Failing to subscribe to honor norms makes one less of a man which can lead to everything from mental health crises such as suicide to taking dangerous risks in order to regain “lost” masculine honor While not all masculinity is tied up in honor ideology the phenomenon still serves as a concrete example of how masculinity and its associated norms can have severe risks for its adherents These risks are not simply for “outliers.” not everything in the APA’s report will be agreed upon by everyone of every political orientation the report still contains a number of opportunities for finding common ground The problems raised by the report are real The goal of the report was to draw attention to the ways that masculinity can go wrong rather than to condemn masculinity outright The APA’s Division 51 has even issued a clarification highlighting the positive elements of masculinity and stressing the fact that the goal of the report was to draw attention to the ways that masculinity can go wrong rather than to condemn masculinity outright it seems both sides of the political spectrum would rather ignore these common issues in favor of continuing the anger and polarization that define modern politics If you have not read the APA’s original report, I encourage you to do so with fresh eyes. You may be surprised to find that your ideas, on either side of the political spectrum, will be challenged. Regardless, the problems raised by the APA report are not going away, and without finding common ground, it is likely that they will not be solved. Aaron Pomerantz is a social psychologist and doctoral candidate at the University of Oklahoma 5 Psychological Forces That Turn People into Political Hacks Joker, Individualism, and the Dangers of Cultural Narratives Pretrial Publicity, Unconscious Bias, and the Court of Public Opinion Four Things Everyone Gets Wrong About Mass Violence—A Social Psychologist’s Perspective a granite mine in the southern Adirondacks will soon be back in business Jan 17 2022 — For the first time in nearly 100 years The Adirondack Park Agency approved a mining permit for the White Lake Quarry at its meeting last week but opponents say they’ll keep fighting to stop the project The granite quarry is just east of White Lake in the town of Forestport a mining company applied for a new permit from the APA.  APA Board Chair John Ernst helped lead the discussion on the quarry at the APA's monthly meeting last week The APA received more than 1200 public comments on the project APA staff told the board that traffic is only expected to up by 1% and they said they were satisfied with the company's plans to mitigate the mine's environmental impacts Ernst argued it wouldn’t be so different than what already happens there now “Microblasting apparently is similar to a gunshot they're limited to two [microblasts] a day," Ernst said has been used for not only hunting but target practice and sighting of rifles.” There’s also a forested ridgeline between the quarry and most of the homes on White Lake APA staff said ambient noise in the area won’t change much The board wasn’t totally happy with that so they cut back on the hours the company could microblast They also cut back on the hours the company could crush rock on site.  the board also asked for the APA to visit the site in a year to assess the noise impact The permit passed with unanimous support from the APA board But that was not the end of the discussion A few people called in to give public comment on the board’s approval of the project “Families have built their legacies around the homes on White Lake People have worked their entire lifetime to give their children Sunderlin cannot put a price on,” Dempsey said Thomas Sunderlin is the person who applied for the mining permit on behalf of Red Rock Quarry Associates The board also heard from two other longtime seasonal residents Ralph said he was profoundly disappointed in the board’s decision and said they’re looking into how to legally prevent the project from moving ahead “We don’t plan on rolling over and playing dead," said Cossa "If the board isn’t prepared to do its job and protect the environment then there are others out here who will have to take on the responsibility.” In their own comments at the end of last week’s meeting most APA board members acknowledged the local opposition to the project Art Lussi had previously pressed APA staff about the issue of noise and pushed for the microblasting and crushing hours to be reduced But Lussi ultimately defended the board’s unanimous approval of the mining permit “I totally believe we made the right decision and we had plenty of information to make that decision," said Lussi but it certainly gave us enough information to make a thoughtful decision.” The mining company now has a permit to operate at the White Lake Quarry from April through October for the next five years after which the APA will review the permit if the company wants to reapply for another five years The APA says it expects the life of the mine to be about 25 years Department of State and related agencies” and to “inventorying members’ expertise and asking government psychologists how agencies could put that expertise to use.” With large segments of the American public so readily and regularly enticed by the bipartisan glorification of war and all things military the world’s largest association of psychologists could play an important moderating and cautionary role the APA instead often acts like the “impaired professional” who is unable (or unwilling) to intervene because they too suffer from the same addiction were among the perpetrators of detainee mistreatment The APA board of directors then quickly approved the PENS report in an “emergency” vote bypassing the association’s full governing body the APA’s CEO again reached for old falsehoods portraying the profession’s dark-side participation as limited to the actions of “two rogue psychologists” involved in the CIA’s torture program implementation and evaluations of new programs about terrorism and efforts to prevent it,” and that they do so by using “knowledge about enemy images and the processes of groupthink to develop guidelines and recommendations to help national and local leaders tailor their public communications about terrorism so that their messages minimize known deleterious effects upon the populace.” The task force chair was reportedly advised by the APA’s legal counsel that there should be no suggestion that the association endorsed the book in any manner have shown that CSF falls well short of its stated goals thereby increasing the potential for PTSD and other post-combat psychological difficulties might this resilience program lead some to deny the adverse effects of their traumatic experiences heightening the likelihood of premature redeployment to battle zones with further risk of serious disability that inevitably endanger the well-being of our own soldiers and many innocent civilians—all while squandering precious resources These realities raise compelling questions about the ethics of psychologists’ involvement in such operations members of the APA’s peace psychology division (including the author) wrote to the APA’s ethics office requesting guidance as to whether it is permissible for a psychologist to be involved in the operation of a weaponized drone; to work as an intelligence consultant in the targeting of drone strikes; to participate in programs designed to select drone operators or train them to overcome the natural psychological aversion to killing other people; or to assist in promoting public support for the use of these drones by misrepresenting evidence of the harm caused by such attacks this request was never answered by the APA’s ethics office the development of a Siri-like user interface aims to anthropomorphize the drone—so that the pilot feels less responsible for the death and destruction wrought Seemingly not under investigation is whether wars will become more likely and more frequent as we become enthralled with the prospect of discomfort-free and risk-free killing from afar But none of this seems to garner meaningful comment from the APA even though psychology offers valuable insights into the potentially destructive consequences of individual and collective choices driven by fear most psychologists whose work supports the U.S military and other defense-related agencies do not serve in these roles But ongoing efforts to build and promote this specialization reflect the further weaponization of psychology and can jeopardize the public’s trust in the profession they also pose a threat to a psychological science that depends upon transparency There are undoubtedly multiple reasons why the APA seems to lose its scientific rudder and independent voice in the military-intelligence arena and oppression are too often the preferred tools of U.S Perhaps it is in part because the Department of Defense is a valued employer of psychologists a significant funder of psychological research and a key source of internships for graduate students in clinical psychology in influential circles strong connections with the Pentagon can bring an organization considerable stature and a proverbial “seat at the table” for policy deliberations with national and international ramifications And we should not overlook the reality that when couched as “patriotism,” calls to action—and obedience—are never easy to resist for individuals or groups that is why they have been standard fare for demagogues across time and place But what does the mission of “advancing psychology to benefit society and improve people’s lives” truly mean if the APA refuses to counter fearmongering propaganda the manipulative nurturing of enemy images The consequences of our failure to rein in these forces are stark: nearly 800 overseas military bases; massive weapons expenditures that hinder urgent domestic spending needs; assertions of exceptionalism that encourage a disturbing disregard for the lives and suffering of non-Americans; and unencumbered power for narrow interests that may find the threat and spoils of war far more profitable than diplomatic success or lasting peace Urging these and related changes at the APA does not diminish appreciation for the valuable work of psychologists—and other health professionals—who care for our soldiers and veterans The stresses of military service are daunting ranging from lengthy family dislocations to combat experiences that involve exposure to unspeakable brutality and the risk of injury and death Even after returning home from the battlefield those who serve deserve our abiding respect and compassionate support But we do everyone a disservice when we fail to question and challenge a system and a culture that so readily place them—and others—in harm’s way It is time for the APA and its members to decide whether the world’s largest psychological association is ready to overcome its “addiction” and help lead us forward WWE Hall of Famer JBL has given his thoughts on how successful the APA would be if they were active in the current era John “Bradshaw” Layfield and Faarooq tagged together for the first time in late 1998 as The Acolytes Originally members of The Undertaker’s Ministry of Darkness the duo dropped their dark persona after leaving the faction Bradshaw and Faarooq would be known as the Acolyte Protection Agency [APA] the APA won the Tag Team Championships 3 times and became fan favourites in the Attitude Era thanks to their in-ring style and humorous backstage segments As has been seen throughout wrestling history, some gimmicks were perfectly suited to their eras while some could have performed much better if they debuted at a different time. Speaking on the Something To Wrestle podcast JBL was asked how the APA would fare in 2025: it’s impossible for me to be unbiased with this because it’s me and Ron I think if you’re talking about the APA the guys that come down and just try to kill people I think it’d be very well received because we’d so much stuff backstage You look at their social media and what they do we could have a lot of fun with the whole roster.” Continuing, the former WWE Champion also noted that there would be the potential to have a lot of fun on social media something that was not available to them in The Attitude Era: we would have a blast on social media,” On a previous episode of his podcast, JBL looked back on the time he wrestled a bear. In another interview, a WWE star explained why they had no issues competing on Main Event. H/t to Wrestling Inc. the SEC’s repeated refusal to approve an ETF based on physical Bitcoin may be violating the Administrative Procedure Act (APA) a set of rules governing the decision-making process of federal agencies This is what is stated in a letter sent by Grayscale’s lawyers to the SEC and published on the agency’s website Grayscale is attempting to convert its Grayscale Bitcoin Trust (GBTC) into an ETF the agency has authorized a few ETFs based on Bitcoin futures despite the fact that the first such request dates back as far as eight years ago it is argued that there is no basis for believing that investing in the derivatives market is acceptable while investing in the upstream assets of those derivatives is not Grayscale goes so far as to claim that the SEC’s decisions in this regard have been “arbitrary and capricious” seeing that after approving ETFs based on Bitcoin futures it has rejected at least one application for the approval of an ETF based on physical BTC the difference in treatment is due to the fact that these two types of financial products respond to different laws which evidently treat them in different ways the SEC has a legal reason behind this unequal treatment Grayscale’s lawyers explicitly write that: “The Exchange Act and the APA require the Commission to treat BTC similarly to Bitcoin futures ETPs” “Having allowed Bitcoin futures ETPs registered under the 1940 Act to begin trading in recent weeks the Commission may not deny listing approval for BTC by insisting upon a different vague and evidently impossible-to-meet standard for spot Bitcoin ETPs” would in fact violate the APA’s Section 6(b)(5) injunction against unfair discrimination between issuers The APA requires the SEC to treat similar products in the same way unless it has reasonable grounds for treating them differently Congressman Tom Emmer also expressed his disagreement with this unequal treatment calling the SEC’s approach to regulating cryptocurrencies “baseless & wildly inconsistent” Withholding approvals for Bitcoin spot ETFs only shows the SEC’s baseless & wildly inconsistent approach to regulating crypto. https://t.co/qnKkVoeQ3t — Tom Emmer (@GOPMajorityWhip) November 30, 2021 the agency could rule on Grayscale’s request as early as December but it is highly likely that it will postpone its decision as long as possible A final decision is expected by the end of spring Stay updated on all the news about cryptocurrencies and the entire world of blockchain WWE Hall Of Famer JBL has addressed rumours that WWE Chairman Vince McMahon used him and Ron Simmons to go “after people” in the ring The tag team of Ron Simmons and JBL stretches back to the late nineties when the two men came together as Acolytes of The Jackal before moving on to serve The Undertaker in his Ministry Of Darkness The Acolytes became guns for hire as The Acolytes Protection Agency or APA Speaking on his Stories with Brisco and Bradshaw show with fellow WWE Hall Of Famer Gerald Brisco JBL says that despite being on-screen mercenaries he and Ron Simmons were never used by Vince McMahon to settle scores in the ring: ‘Vince sent us after people.’ That 100 percent never happened They never said go after this tag team or beat these guys up or do this or do that told anything like that by anybody in the WWE JBL and Simmons did have one infamous match with former ECW Tag Team Champions The Public Enemy in 1999 The match became infamous for the beating The Acolytes dished out on Rocco Rock and Johnny Grunge in one of their handful of matches with the then-WWF they were upset with The Public Enemy over a perceived lack of respect: “They came in that day and they walked in the building at 5:30 The show started at like 6:30 or doors at 6:30 They didn’t show much respect at all when they came in I think we kind of thought that was an outlier but we didn’t know because we didn’t see a lot of ECW because we were on the road every night” h/t Sportskeeda for the transcription Backers of the Adirondack Club and Resort complain that their opponents are stalling the project by appealing the Appellate Division’s 5-0 decision in favor of the resort but the opponents have raised an interesting legal question with broad ramifications for the whole Adirondack Park The question is: Are the development guidelines set forth in the Adirondack Park Land Use and Development Plan mandatory or not the Appellate Division suggested that they are not mandatory The question came up because the project’s opponents contend that dividing up timberlands for “Great Camp” estates violates the land-use plan the timberlands are zoned Resource Management the most-restrictive classification in the land-use plan The developers seek to build eighty single-family homes Single-family residences are allowed on RM lands as a “secondary” use The land-use plan states: “resource management areas will allow for residential development on substantial acreages or in small clusters on carefully selected and well designed sites.” The opponents claim that the ACR proposal meets neither criterion The land-use plan fails to define “substantial acreages” or “small clusters,” so people can easily argue both sides of this issue contends that in any event the criteria are not mandates the Appellate Division pointed out that the first paragraph of the land-use plan states that the plan shall “guide” the agency’s decisions “We reject petitioners’ argument that the APA committed a legal error by concluding that this provision [referring to substantial acreages or small clusters] was not a mandatory rule but a consideration to guide the APA’s exercise of its discretion,” the court said the attorney for the opponents—Protect the Adirondacks and a private citizen—argues in legal papers that the Appellate Division’s interpretation “essentially gutted the heart of the APA Act.” Caffry writes that the land-use plan “creates mandatory requirements that must be strictly enforced” and notes that the plan allows for variances from these requirements “If the Legislature had intended for the plan to be merely guidance it would not have needed to provide for the granting of variances from ‘the strict letter of the provisions of the plan,’” he asserts “the statutory protections afforded to the lands and environment of the Adirondack Park will be significantly weakened.” The quotations are from a memorandum of law that Caffry submitted to the Appellate Division in support of a motion to take the case to the Court of Appeals Because the lower court’s decision was unanimous the plaintiffs do not have an automatic right to appeal they must demonstrate that the case raises novel issues of statewide significance “Petitioners miss the mark in their attempt to frame a novel issue by arguing that the statutory description of resource management lands … creates a ‘binding rule’ which the Agency improperly treated as simply a ‘guideline,’” Assistant Attorney General Susan Taylor writes in a legal memorandum Rather than define “substantial acreages” and “small clusters,” Taylor says the land-use plan “contains narrative descriptions of the purposes and character of resource management lands which the Agency must apply to find compatibility … The Agency necessarily retains discretion in applying the objectives and character described substantial record evidence supports the Agency’s reasonable determination that construction of the proposed dwellings comports with the character and objectives of resource management lands.” If the attorney general’s office is right one wonders what else in the land-use plan is merely advisory a former APA counsel and executive director contends the court’s ruling calls into question virtually all of the plan “What an irony is here,” said Glennon who is now on the board of Protect the Adirondacks “We go to court seeking to force the APA to do its job and it comes away with a free pass allowing it to do so only if it wants to These are dire times for this cherished Park.” The Appellate Division may rule this month on whether to grant the plaintiffs leave to appeal Caffry intends to submit a similar motion to the Court of Appeals itself Full disclosure: John Caffry is defending me in a legal case involving paddlers’ navigation rights Photo by Carl Heilman II: Cranberry Pond near the Big Tupper Ski Area Everyone has know for years the APA’s rules are a guide not law These environmental groups are opening a can of worms out of spite The results may be devastating to their own agenda Another part of this is you can not have a zoning agency controlled by the Governor Only be in charge of a small minority population Either the APA has to zone all land in New York state or none The APA act totally disenfranchised the people of the Adirondacks Since they can not affect change on a gubernatorial level Federal courts would strike it down My town has zoning laws and they are different from the next town a few feet away The forest preserve was created by a constitutional amendment The concept they need to zone the state is an interesting one I do wish a master zoning board did exist for at the very least each county in the state why aren’t the Catskills flourishing I wish the people of Utica had an APA to blame We all need an APA to take our frustrations out on you vote for the board members that appoint your zoning board Your town/village pass the zoning laws that effect you Your community has the ability to vote out board members for what ever reason In this case the entire state votes for a Governor who appoints APA board members the people being zoned have to small of a population base (100,000 +- NYS 19,378,000)meaning those being dictated to are unable to change the laws I am not blaming anyone just stating facts I have recently seen Utica politicians in action I have no question whom to blame there… don’t take this the wrong way because I wouldn’t suggest you move away(I happen to think you add a valuable perspective to the discourse here) but no one is forcing us to live within the blue line that doesn’t mean that local Adirondack land use decisions need to be made statewide This isn’t public land we are talking about (there is plenty of that and all of NYS deserves a voice) this is private land Why should those of us (as in me) who reside outside the blue line get a say in those decisions These are still hard and thought provoking questions I don’t have an easy sound-bite answer the people were here before the rules were illegally imposed I see you feel the government is all powerful and the peoples rights be dammed It’s sad we have people that feel that an illegal taking supersedes the rights people that live in the park Those imposing the rules don’t live here so why should they impose their will on others the people who owned property in the park when the APA Act was enacted receive certain benefits not afforded those who bought property after the law was in place Argue the fairness of those particular details if you like but the Act itself for better or worse,is lawful “the people who owned property in the park when the APA Act was enacted receive certain benefits not afforded those who bought property after the law was in place” the main exemption was given to pre-existing waterfront structures These were allowed to be expanded without a permit Since then this exemption has been revoked by the agency (done without any legislative approval) Currently you can expand these structures by 25% w/o a permit This modified exemption will probably be revoked as well at some point No one forced the colonists to live in the American colonies If they didn’t like taxation without representation “Are the development guidelines set forth in the Adirondack Park Land Use and Development Plan mandatory or not?” If they were mandatory the Finch Pruyn timber lands that was sold to NYS for addition to the Forest Preserve would have had to have been put under conservation easement as is “guided” in the plan “Due to the importance of the forest products industry to the economy of the Adirondack region bulk acreage purchases in fee should not normally be made where highly productive forest land is involved unless such land is threatened with development that would curtail its use for forestry purposes or its value for the preservation of open space or of wildlife habitat conservation easements permitting the continuation of sound forest management and other land uses compatible with the open space character of the Park should be acquired wherever possible to protect and buffer state lands.” It seems like the agency has discretion either way? The ASLMP and the APLUDP carry the same force of law (assuming the answer to Phil’s question is “mandatory” As an Adirondack Park user not living in NY state I’m still concerned about land use within the blue line but I’m under the impression that APA land use plans were for the purpose of ensuring that development won’t encroach on public lands and whatever development there is on private lands will not be done in such a way to adversely affect the overall purpose of having a park in the first place I read about Anne LaBastille’s struggles with the park board when she wanted to build a cabin at a remote pond on her property I believe the APA was simply making sure the structure would “fit in,” as it were and not be harmful to the local ecology many people believed the APA was pushed by Gov Nelson Rockefeller and enacted to keep development away from Rockefeller family property I believe granting variances are a way of gradually eroding the intent of the law Are there any clearly defined lines over which variances cannot be granted Land use zoning is a power of the State which has been delegated to the Towns through the NYS Constitution At the time the APA was created there were several massive second home developments being proposed and most of the local governments in the Park had little to no zoning regulations in place If these projects had proceeded the nature of the Park would have been drastically altered along with adding enormous infrastructure needs that would have overwhelmed local governments The State also established this area as the NYS Adirondack State Park As the largest landowner in the Park the State has the right to be concerned with land developments that could directly affect Forest Preserve or the Park’s amenities Since most local governments have chosen not to use the land use/zoning powers granted to them by the State the State created the APA to fill that void you say “The State also established this area as the NYS Adirondack State Park” Actually it is just called the Adirondack Park it would be run by the State’s Office of Parks former APA counsel and executive director who is now on Protect’s board Here is the full text (the “green” refers to RM lands on the APA map): Section 802 of the APA Act contains no less than 68 definitions among them “Land use and development plan,” defined as (a) the Official Map (that fruit salad thing) which contain a “character description,” a statement of purposes and a list of compatible uses for each of the 6 land use areas and something called the “development considerations,” a list of things APA is to consider in determining whether a project will have an “undue adverse impact” on Park resources the “shoreline restrictions,” building and OSSDS setbacks In stating that a part of the Plan (the purposes policies and objectives for green) was “not a mandatory rule but a consideration to guide the APA’s exercise of its discretion,” the court said ALL of the Plan described above was advisory We go to court seeking to force the APA to do its job These are dire times for this cherished Park Clearly this was written when the expectation was these lands would be used for things like timber production The resource these lands now provide is one related to tourism Its seems appropriate to allow tourism related development on these private lands It is ironic that Bob Glennon and others who for years have insisted on the APA’s right to exercise discretion and interpret the law are now fighting against the notion that the APA has discretion it is also ironic that supporters of the ACR and others who for years have argued that the APA must follow the law as written would now benefit from a court’s ruling that the APA has discretion that it has the right to exercise but that discretion must be limited by the plain language of the law If it goes your way flexibility is good if it doesn’t its bad The lawyers (and that includes the judges) get paid whatever side of the argument they end up on this time That is the only discretion that matters to the court Now the comes the news that Protect was denied their appeal Of course Bauer says it was just what they were expecting and they will try once more It really seems unlikely their last step will succeed either They said they wanted to stop this project because it was a bad precedent for the Park but bigger issues making it a higher stakes game Their repeated losses caused far more damage than the project ever could Rather than getting one project they didn’t like Both they and the Sierra Club have known for a long time they would lose but mending fences or letting it go are not part of the equation At least not for the Sierra Club which has all the money and national exposure Whenever or wherever the next battle is fought the Sierra Club will point to the timeline of this project as a threat and reality check to any opponent RAW 25 delivered one of the WWE's best promos last night with some of our favorite former superstars This has to be one of my current favorite promos for the foreseeable future. Heath Slater and The APA (Faarooq and John Bradshaw) are all playing poker even though he has kids (and needs the money) when a wad of cash is tossed onto the table Ted DiBiase has made an appearance on RAW 25 — WWE (@WWE) January 23, 2018 To help companies thrive in the complex international tax system obtaining tax and transfer pricing certainty on specific transactions which they engage in has shown to be a useful tool over the years Such certainty can be obtained by requesting an Advance Pricing Arrangement (APA) from the respective competent tax authorities such APAs are also available to taxpayers doing business in the country oftentimes referred to as a ‘ruling’ in a unilateral context is a decision by which the Federal Public Service (FPS) Finance determines how Belgian tax law will be applied to a particular situation or a particular transaction that has not yet taken place from a tax point of view The ‘advance’ character of a unilateral APA refers to obtaining tax certainty before the envisaged situation or transaction impacts an applicants’ tax return or multilateral depending on the counterparties and national tax authorities involved and the Belgian Office for Advance Decisions in Tax Matters (Belgian ruling commission) agree on the tax implications of a specific transaction in advance from a Belgian tax perspective – and which does not bind the counterparty jurisdiction to the extent the transaction/arrangement involves a party in another country A greater level of certainty is rendered under a bilateral APA where the taxpayer seeks the upfront agreement of the Belgian competent authorities as well as the national competent authorities of the counterparty country which the arrangement/transaction involves multilateral APAs allow taxpayers to seek tax certainty and protection on APA-covered transactions that involve multiple jurisdictions seeking agreement between the Belgian competent authorities and two or more other competent tax authorities bilateral and multilateral APAs provide the greatest transfer pricing comfort as the agreement involves multiple jurisdictions which lessens the likelihood of double taxation – albeit potentially being a long-drawn and costly process.  Having said that it is noteworthy that unlike certain countries there is no application fee charged in Belgium to apply for a ruling or APA As of 2003, Belgium has implemented a comprehensive system of APAs, with the main purpose of ensuring tax certainty for a taxpayer. In various cases it has proven to be a powerful risk management tool for tax planning purposes.[1] An APA is binding for the Belgian tax authorities An APA ceases to be binding on the Belgian tax authorities if the most important aspects of the situation or transaction change i.e the critical assumptions are no longer met the certainty rendered by an APA depends on the good faith of the applicant at the time of the request and the adherence to the agreed conditions/assumptions in the execution of the APA The annual report published by the Belgian ruling commission indicates that 1,142 unilateral applications were filed in 2022.  Of these 1,042 decisions and agreements were attained.  In 2022 tax ruling applications in Belgium pertained mostly to employer costs innovation income deduction/transfer pricing Most unilateral tax rulings in Belgium are valid for a period of five years in cases where the object of the application justifies it (such as a longer depreciation period) the APA could be valid for a longer period of time it should be noted that APAs relating to the innovation income deduction as well as transfer pricing rulings for which a benchmark is performed this approach has been introduced to be in line with the OECD guidance of performing new benchmarks every three years 18 bilateral and multilateral APAs came into force in Belgium compared to 17 in 2020 and 29 in 2019.  The fall in bilateral and multilateral APAs in 2020 and 2021 may have been a result of the slowdown in competent authority negotiations during COVID-19 Given the growth of the Belgian competent authority team it is expected that the number of bilateral and multilateral APAs is likely to stabilize it should be noted that taxpayers will need to inform the Belgian competent authorities of the intention to file a bilateral/multilateral APA before the end of the first year of the covered period the ruling commission has requested for ruling applications to be filed at the latest by November (for financial years ending 31 December) This is to ensure that the APA can be granted before the filing date of the corporate tax return thus ensuring the advance character of the APA both the OECD and the EU have introduced initiatives on the mandatory exchange of APAs for tax transparency This measure is expected ‘to target preferential tax regimes and harmful tax competition that could be promoted through non-transparent ruling regimes including APAs’.  In the Peer Review Reports on the Exchange of Information on Tax Rulings in 2021 Belgium received peer input from five jurisdictions on its exchange of information on rulings where the information provided by Belgium was considered to be complete and timely Belgium has the necessary domestic legal basis to exchange information spontaneously Belgium has international agreements permitting spontaneous exchange of information as Belgium is a party to (i) Multilateral Convention on Mutual Administrative Assistance in Tax Matters: Amended by the 2010 Protocol (OECD/Council of Europe (ii) the Directive 2011/16/EU with all other European Union Member States and (iii) bilateral agreements in force with 77 jurisdictions Groups applying for APAs should be aware that the application of such an agreement is likely to render their arrangements to be more visible to the various EU tax authorities the European Commission has initiated investigations on certain APAs that were considered to have constituted State Aid Multinational companies operating in the EU should assess their own tax APAs to ensure compliance with EU law as well as to evaluate the potential risk of a State Aid challenge it has been observed that tax/transfer pricing audits in certain occasions have been conducted on companies’ arrangements despite the fact that these companies have in place APAs agreed with the Belgian ruling commission or competent authorities the Belgian ruling commission have also included a number of reservations/exclusions in their ruling decisions which may consequently attract the attention of local tax inspectors This has caused a growing sentiment of doubt among multinational groups operating in Belgium on the effectiveness of APAs – particularly unilateral APAs While unilateral APAs are expected to continue to provide some level of certainty this will require prudent and thorough analysis to anticipate potential challenges bilateral and multilateral APAs are expected to be the better avenue for multinational groups seeking transfer pricing certainty on their arrangements The changes that are being introduced by the Two-Pillar solution of the OECD to address the tax challenges arising from the digitalization of the economy may also change the way companies view and consider APAs Amount B aims at providing a ‘fixed return’ for baseline marketing and distribution activities hereby simplifying the determination of the arm’s length price of such transactions between associated companies. The intended advantage of Amount B is to reduce the number of disputes over the application of the arm’s length remuneration of intercompany transactions pertaining to such baseline marketing and distribution activities given the expected discussions and potentially differing views around applying the scoping criteria for Amount B APAs may still prove to be useful in helping groups attain certainty on their distribution returns – as Amount B will not apply to companies that have concluded a bilateral or multilateral APA covering these marketing and distribution activities.  introducing a global minimum (effective) tax of 15 percent on a jurisdictional basis are also part of the two-pillar solution as introduced by the OECD While the GloBE rules are intended to render tax incentives ineffective to the extent that they reduce the effective tax rate on in-scope entities below 15% Pillar Two is not expected to entirely cancel out but rather reduce the impact of R&D tax incentives for in-scope entities.  a substantial number of unilateral APAs that are requested in Belgium relate to the innovation income deduction regime it is assumed that unilateral APAs in Belgium relating to the innovation income deduction regime will still be beneficial – in the context of allowing Belgian companies to be subject to a reduced corporate tax rate of up to 15 percent (compared to the headline rate of 25 percent in Belgium) These unilateral APAs will also continue to benefit Belgian companies which are not in scope of the GloBE rules It is our understanding that it is unlikely that the Belgian ruling commission will address matters relating to Pillar Two considering the complexity of these new rules across the different jurisdictions of a multinational group beyond Belgium APAs in Belgium continue to be an effective mechanism for taxpayers to obtain a level of certainty on their transactions recent trends show that the Belgian tax authorities do not always refrain from starting an investigation/audit even if a taxpayer may have concluded an APA – as well as the fact that there has been an increased exchange of APAs rendering potential visibility of companies’ APA arrangements it would be fair to conclude that APAs – especially bilateral and multilateral APAs – will continue to provide tax certainty to taxpayers in Belgium with expected benefits outweighing potential risks albeit with a nuanced view towards tax planning given the ongoing changes to the international tax system a Belgian general partnership ("VOF/SNC") and a member firm of the KPMG global organization of independent member firms affiliated with KPMG International Limited a private English company limited by guarantee Please enable JS and disable any ad blocker