What must a federal agency possess to adopt enforceable regulations?

For a federal agency to adopt enforceable regulations, it must possess delegated rule-making authority. This authority is typically granted by enabling legislation, which outlines the parameters within which the agency can operate and specify the types of regulations it can create. The delegation of authority is essential because it ensures that the agency is operating within the scope defined by Congress, allowing it to implement laws as intended.

This framework is essential for maintaining the balance of power among the legislative, executive, and judicial branches of government. It allows agencies to develop expertise in specific areas and respond more efficiently to regulatory issues than Congress might be able to through the legislative process. When agencies follow the rule-making process, including public notice and comment opportunities, they ensure that the regulations are formulated based on stakeholder input, which helps promote transparency and accountability.

In contrast, having an established court ruling is not sufficient on its own to allow an agency to create regulations; it may provide legal precedent but does not confer rule-making power. Approval from Congress is typically not required for each regulation after the initial delegation of authority, although Congress may oversee agency actions. Finally, a formal public vote is not a legal requirement for agencies to enact regulations; they follow specific administrative procedures defined by the Administrative Procedure Act (APA) rather