notice-and-comment rulemaking

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

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

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

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

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

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