David Cay Johnston: “The reason for having the interlocutory appeal is that the question can be put at rest early in the process. If, for…”

“The reason for having the interlocutory appeal is that the question can be put at rest early in the process. If, for example, an agency determines that the rule is likely to have an impact of less than $50 million a year, then it would not be a major rule, would not require the cost-benefit analysis, or the risk assessment. They would make that determination early on, file that in the record, and any party, any interested party, would then have 60 days from the time of that determination to make this interlocutory appeal on the question of whether it was a major rule because of the amount of dollars, whether it was a rule that affects health, safety, the environment, which in turn requires the risk assessment, or in this case whether it has a significant effect upon a substantial number of small businesses. The idea is that if that appeal is not made within 60 days, that you are foreclosed from raising that later on in the process.”