DOJ Limitation On Agency Guidance Levels Playing Field
By Ronald Tenpas, Gregory Etzel, Holly Barker and James NelsonFebruary 2, 2018, 12:11 PM EST
Law360, New York (February 2, 2018, 12:11 PM EST) -- U.S. Department of Justice litigators may no longer rely on guidance documents issued by federal agencies as binding on regulated entities for the purposes of affirmative civil enforcement litigation. The department also specified in a memorandum that such guidance documents cannot create any legal obligations for regulated entities.
The U.S. associate attorney general, the third-ranking official within the DOJ, issued a memorandum on Jan. 25 that prohibits DOJ litigators from treating any agency guidance document as “presumptively or conclusively establishing that a party violated [an] applicable...