Control Over Litigation and Agency Rulemaking
Private rights of action lead agencies to seek greater policy control through rulemaking.
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
Improving comment solicitation and fixing Regulations.gov will enhance access to the regulatory process.
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
OIRA should add a benefit-cost analysis focused on protecting the poor when evaluating new agency rules.
Democracy, Rulemaking, and Outpourings of Comments
Scholars and policymakers should recognize the democratic benefits of public comments.
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
ACUS should discourage the submission of mass comments in the notice and comment rulemaking process.
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 policy should consider agencies’ roles as apolitical policymakers.
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
Agencies can do more to disclose input on regulatory alternatives during notice-and-comment processes.