notice-and-comment rulemaking

The Trump Administration has invoked recent Supreme Court decisions to justify unraveling normal rulemaking procedures.

Scholars discuss how wealthy interest groups influence agency rulemaking.

Scholar proposes a new U.S. regulatory system that would be more accountable to the public.

Scholar argues that President Trump’s deregulatory agenda was not successful in the long term.

Scholars reveal how businesses lobbying can intimidate agencies and influence rulemaking.

Private rights of action lead agencies to seek greater policy control through rulemaking.

Congress should use notice-and-comment rulemaking as a model for public input in the legislative process.

Improving comment solicitation and fixing Regulations.gov will enhance access to the regulatory process.

Agencies should consider new tools to expand access to public opinion in the rulemaking process.

OIRA should add a benefit-cost analysis focused on protecting the poor when evaluating new agency rules.

Scholars and policymakers should recognize the democratic benefits of public comments.

Alternative agency outreach methods can garner useful feedback and reduce pressure on the notice and comment process.