notice-and-comment rulemaking

Public Input in the People’s House

Public Input in the People’s House

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

Regulatory Engagement is Due for an Upgrade

Regulatory Engagement is Due for an Upgrade

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

Democratic Innovation to Improve Agency Rulemaking Comments

Democratic Innovation to Improve Agency Rulemaking Comments

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

Regulatory Reform, Benefit-Cost Analysis, and the Poor

Regulatory Reform, Benefit-Cost Analysis, and the Poor

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

Democracy, Rulemaking, and Outpourings of Comments

Democracy, Rulemaking, and Outpourings of Comments

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

Managing Mass Comment “Supply” by Reducing “Demand”

Managing Mass Comment “Supply” by Reducing “Demand”

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

Mass Comments Should Be Discouraged

Mass Comments Should Be Discouraged

ACUS should discourage the submission of mass comments in the notice and comment rulemaking process.

Preventing Mass Comment Wars

Preventing Mass Comment Wars

Agencies can welcome public participation while discouraging the submission of mass comments.

Mass Comments and the Revival of Apolitical Expertise

Mass Comments and the Revival of Apolitical Expertise

Mass comments policy should consider agencies’ roles as apolitical policymakers.

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.