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.
ACUS should discourage the submission of mass comments in the notice and comment rulemaking process.
Agencies can welcome public participation while discouraging the submission of mass comments.
Mass comments policy should consider agencies’ roles as apolitical policymakers.