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32 News: Periodic Rep. Members Sec. Pub. Util. Comm. & Transp. L. A.B.A. 1 (1992)

handle is hein.journals/infrastr32 and id is 1 raw text is: AB SE TO OF PU LI UTLIY CO M NCA IN AN TR N P RTTO LA A Periodic Report to the Members of the Section of Public Utility, Communications and Transportation Law of the American Bar Association Fall Council Meeting he Section's Fall Council Meeting was held on October 23-27,1991, and was attended by fifty-nine Members. A highlight of the meet- ing was a presentation by James R. Thompson, former Governor of the State of Illinois and now a partner in the Chicago law firm of Winston & Strawn. Governor Thompson spoke about public utility regulation from the perspective that he had as the chief executive of a large state. He recommended that regu- lated companies not confine their government affairs activities to legislative lobbying, but should also work to establish contacts with the executive branches of state government to promote a better understanding of industry concerns. During the meeting formal reports were presented by the various committees of the Section. Summaries of five of these reports having general interest are in- cluded in this Newsletter. Copies of the full reports presented last month, as well as those presented at previous Council meetings, can be obtained from: Wendy Smith American Bar Association Section of Public Utility, Communications and Transportation Law 750 North Lake Shore Drive Chicago, IL 60611 Or call Ms. Smith at (312) 988-5724. Also included in this issue of our Newsletter is the 1 991-1992 List of Section Officers and Council Commit- tee Chairmen, Vice Chairmen, and Liaison Represen- tatives. U Administrative Law Editor's Note: This is a summary, without citations, of a 33-page Report. Recent decisions of the Court of Appeals for the District of Columbia and Ninth Circuits have addressed definitional issues regarding rulemaking. In Fertilizer Institute v. EPA, the D.C. Circuit distinguished between interpretive rules, which need not be promulgated pursuant to notice and comment, and substantive rules, which must meet this prerequisite. The Court held that the intent of the agency, rather than the effect of the rule in question, should govern such distinctions. In Multnomah Legal Serv. v. Legal Services Corp., the Ninth Circuit ruled that, while publicly announced agency policies can create obligations which bind the agency, internal agency policies which did not prescribe substan- tive rules and which were only obtained through the discovery process did not create such a legal and binding effect on the agency. (continued on page 3) MI Chairman's Statement - 2 * Selected Committee Reports: Administrative Law - 1 Communications and Cable Television Law - 3 Corporate Finance - 4 Environmental Law - 4 Labor Relations and Employment Law - 5 * 1991-1992 Roster - 6 Officers and Council Conuittee Chairmen and Vice Chairmen Liaison Representatives VOL. 32, NO. 2 JANUARY 1992

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