Federal and State Administrative Law and Agency Rulemakings

Influencing proposed agency rules and bringing legal challenges to final agency action

CullenLaw can help you participate in federal and state agency rulemaking or bring legal challenges to rulemakings.

Our particular expertise lies in litigating and filing appeals in cases concerning the meaning and scope of laws. Our attorneys analyze proposed regulations to determine whether they will help or hinder our client’s interests. We also propose drafts or edits to proposed regulations for our clients to submit to agency rulemakings to improve their work and business environments or to oppose bad rules.

Our efforts help businesses and trade and professional associations reform entrenched policies, rules, or laws that unfairly disadvantage them or their members.

Rulemaking subject areas

We have been involved in rulemaking at the U.S. Department of Transportation, the Environmental Protection Agency, the California Air Resources Board, the U.S. Department of Labor, The National Labor Relations Board, the Federal Trade Commission, the General Services Administration, and the Internal Revenue Service. Our subject areas have included:

• Worker classification standards.

• Federal and California environmental rules on vehicles.

• Hours-of-service (HOS) for truck drivers

• Electronic on-board record devices

• Driver training

• DataQs system

• Operating authority for Mexico-domiciled motor carriers to operate throughout the U.S.

• Employment histories under the Fair Credit Reporting Act (FCRA)

• Out-of-service orders for driver fatigue

• General Services Administration (GSA) rules governing federal contractors

Administrative law and agency rulemaking experience

Comments to Rulemakings

Rules are often competing ideas of the best policy. We help clients draft comments to proposed agency rulemaking to express their policy preferences.

Participating in rulemaking is a necessary first step for a client who wants to challenge a new agency rule. In the comments, we remind the agency of its duty to comply with all legal responsibilities when deciding a final rule. Such comments preserve our client’s litigation rights and ensure that the agency pays attention - not only to their policy preferences, but to avoid a legal challenge to the final rule.

Legal Challenges to Agency Final Rules

We have extensive experience bringing legal challenges to agency action and final rules. We do this when an agency has violated the rulemaking procedures or ignored any legal standard or requirement for such rulemaking.

When clients encounter regulation and agency enforcement that overreaches, imposes unfair burdens or ignore their rights under the law, we fight on their behalf to address the issues.

Contract Disputes

In cases when our clients face disputes created by their business partners’ or contractors’ misunderstanding of their agreements, contracts, or the law, we can help. Once we determine the contractual and legal standards that apply, we work to bring the other party into compliance and agreement in ways that meet your needs.

CullenLaw has extensive experience reviewing business relationships and contracts, the laws and contracts that govern them, and federal and state statutes or regulations that can be used to assert your rights under the law. We can then draw up a contract to resolve the dispute.

When litigation becomes necessary, we will bring cases at any court level nationwide.

Administrative law appeals

Owner-Operator Indep. Drivers Ass’n, Inc. v. Fed. Motor Carrier Safety Admin., 656 F.3d 580, 582 (7th Cir. 2011), 656 F.3d 580, 582 (7th Cir. 2011)