Today’s legislative issues are becoming more and more complicated and, in most cases, will require implementation through the rule making process. That is why more and more companies and associations are retaining a Regulatory Affairs group. Similar to a legislative affairs specialist or lobbyist, a regulatory lobbyist specializes in regulatory agencies within the federal, state or city agencies. The regulatory specialist also appears for clients before Administrative courts.
Administrative law forms an important part of most modern judicial systems. In broadest terms, administrative law consists of the legal frameworks surrounding government agencies and regulatory bodies. Within this branch of law, the most important feature is defining the extent of the powers of various government bodies.
Administrative agencies are created by government legislators in order to protect the public interest. Examples of such interests include food safety standards, construction codes, pharmaceutical industry regulations, Medicaid proscriptions and municipal waste disposal standards. Within the outlines of the law, administrative bodies have the power to create regulations, issue licenses, investigate suspected abuses, and enforce compliance.
An attorney specializing in administrative law might work either with an agency or with a company whose interests conflict with the agency. When working with the agency, the attorney provides a legal opinion on the validity of proposed regulations and rules, deals with complaints, and prosecutes violations of the agency’s statutes.
Companies working in highly regulated industries, such as health care or waste disposal, may also hire regulatory affairs specialists versed in administrative law to defend their positions. For instance, a regulator might rule that a particular company had not complied with the state’s waste disposal statutes. The company’s administrative attorney would then try to demonstrate either that the business did in fact meet the requirements of the statute, or that the particular regulation exceeds the authority of the agency.
The federal Administrative Procedure Act (APA) as well as similar state statutes govern the limits of their respective agencies in passing rules and regulations. APAs arose in response to the establishment of powerful federal and state agencies as a part of the New Deal. Both the federal APA and state counterparts ensure transparency and uniformity in the activities of government agencies.
Duane Morris Government Strategies LLC (DMGS) is comprised of 19 experienced professionals representing clients at the federal, state and local levels. The firm operates in eight offices including Newark, NJ; Trenton, NJ; Harrisburg, PA; Philadelphia, PA; Pittsburgh, PA; Washington, D.C.; Albany, NY; and Columbus, OH. DMGS commenced operations as an ancillary business of international law firm Duane Morris LLP, one of the 100 largest law firms with more than 700 attorneys in 20 offices in the U.S. as well as in the UK, Saudi Arabia and Asia.
About Martin Milita: Beginning his career as a Legislative aid to US Congressman Edward George Biester, Jr. Martin Milita has a broad range of experience from both the public and private sectors. As a Senior Director with Duane Morris Government Strategies, Martin Milita brings a background in administrative law to his position, first as the New Jersey State Deputy Attorney General and then as an attorney for Sills Cummis & Gross P.C. and Riker Danzig Scherer Hyland & Perretti LLP. This expertise informs his activities with current clients, which include public and private entities ranging from the local level to Fortune 500 corporations.