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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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