Promulgation in United States

Promulgation Definition

The order given to cause a law to be executed, and to make it public. It differs from “publication.” 1 Bl. Comm. 45; St. 6 Hen. VI. c. 4.

Promulgation in Foreign Legal Encyclopedias

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When starting research in the law of a foreign country it is often essential to have some sense of what publications are available and in what sources research is best conducted. The Encyclopedia has several Guides to Sources of Basic Legislation which describes resources in international and foreign law, including digests, legislation, codes and secondary sources. There is also a set of surveys of the legal systems of more than 100 jurisdictions, including history, major legal concepts and the structure of the court system.

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Legal Issue for Attorneys

The order given to cause a law to be executed, and to make it public. It differs from “publication.” 1 Bl. Comm. 45; St. 6 Hen. VI. c. 4.

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This definition of Promulgation Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Promulgation in Environmental Law

The process by which an administrative agency creates a rule that has the force of law. Promulgation is also referred to as rulemaking.

Administrative agencies that are regulatory agencies, such as the Environmental Protection Agency (EPA) or the Occupational Safety and Health Administration, have legislative power as well as enforcement authority. Often the statute spells out general goals and authorizes the agency to flesh out the details. The Clean Water Act, for example, states the basic principles and goals of the government and sets forth the framework of the law. It then designates the administrator of the EPA as the person who is to implement it. Specific duties are spelled out, such as the duty to list toxic pollutants and determine pretreatment requirements for industry. The EPA fills in the gaps in the law primarily through promulgation of regulations. The Administrative Procedure Act governs the promulgation process for all agencies unless the statute being implemented is more specific about procedure.

Rulemaking can take a significant amount of time. First, the agency must determine what the scope of the rule should be and what provisions it must contain to deal with the problem it faces. For example, before it can list a toxic pollutant, the EPA must gather information about toxicity and safe levels of exposure.

After the agency conducts its research, it proposes regulations. They are published in the Federal Register, a publication that contains all of the official agency records for federal agencies. Following the proposal, the public may comment and hearings may be held on the proposal. The agency must then consider the comments and revise the proposal if appropriate. It must respond to the comments it receives when it publishes the final regulation. Upon publication or at a later date specified by the agency, the final regulation becomes law. That action completes the promulgation process. See also notice and comment.
Based on “Environment and the Law. A Dictionary”.