notice-and-comment rulemaking

Regulatory Comments and the Major Questions Doctrine

Regulatory Comments and the Major Questions Doctrine

Courts should not rely on the number of public comments to assess the legality of regulations.

Increasing Early, Transparent Consideration of Regulatory Alternatives

Increasing Early, Transparent Consideration of Regulatory Alternatives

Agencies can do more to disclose input on regulatory alternatives during notice-and-comment processes.

Improving the Management of Public Comments in a Digital Age

Improving the Management of Public Comments in a Digital Age

ACUS recommends best practices for how agencies manage mass, computer-generated, and falsely attributed public comments.

Guidance Documents and the Regulation of Genetically Modified Foods

Guidance Documents and the Regulation of Genetically Modified Foods

Scholars argue that federal agencies should not use guidance documents to regulate controversial issues.

Can Hip Hop Save Rulemaking?

Can Hip Hop Save Rulemaking?

An arts-based framework could re-democratize the rulemaking process.

Public Engagement in Rulemaking

Public Engagement in Rulemaking

Agencies should work to expand public engagement efforts beyond notice and comment.