Question
The concept of agency capture (the concern that agencies can take on some of the attitudes and views of those they are charged with regulating)
The concept of "agency capture" (the concern that agencies can take on some of the attitudes and views of those they are charged with regulating) looms large in thinking about administrative law. Please describe agency capture and why it is problematic. Provisions concerning the ability to challenge the composition of the committee under Section 564 of the APA are attempts by Congress to prevent agency capture. (If individuals are concerned that the committee is not fairly constituted and does not represent interests in a balanced fashion. They can petition to get on the committee themselves). How effective do you believe that preventative attempt is?
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