Emily Bremer: Agencies should use more declaratory orders

Declaratory orders are a tool for regulatory agencies to use when they want to give an extra push to companies or industries they regulate. It's a tool agencies are hesitant to use because of their supposed finality and the agency's fear of subjecting itself to a judicial review of legally binding orders. The Administrative Conference of the United States, or ACUS, says agencies should increase their use of declaratory orders to provide clearer directions for the regulated. Emily Bremer is an assistant professor of law at the University of Wyoming and former research chief of the ACUS. She tells Federal News Radio's Eric White more about declaratory orders and why the conference wants to see agencies use them more often.