notice-and-comment rulemaking

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

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.