Article:
William F. Cockrell, Jr., Invalidation of Federal Petroleum Regulations on the Basis of Procedural Rulemaking Deficiencies, 57 Texas L. Rev. 535 (1979).
 

Abstract:
In assessing the validity of general federal price controls, one court succinctly summarized what has become a major focus of attack on the federal government’s regulation of petroleum products as a “cavalier disregard of procedural requirements.” Congress imposed procedural restraints on federal agency regulation of the petroleum industry to ensure that the bureaucracy’s inexperience with the oil and gas industry would be tempered by the knowledge of those most familiar with its complexities—oil and gas company personnel. Thus, the regulated entities have never viewed the pervasive procedural infirmities of the present regulatory scheme as mere technical deficiencies. The courts are becoming more willing to invalidate regulations promulgated without adherence to statutory procedural requirements. This article focuses on the increased judicial sensitivity to the need for procedural regularity in the promulgation of petroleum regulations, and the resulting emergence of standards by which to assess procedural challenges to the regulatory scheme.