CALL TO ACTION: Public Comments To Proposed Administrative Regulations

CALL TO ACTION: A SPECIAL REPORT FROM SMART DISSENT ABOUT PUBLIC COMMENTS ON PROPOSED ADMINISTRATIVE REGULATIONS

We’ve all seen the emails from MoveOn, the ACLU and similar organizations – a government agency is proposing a new regulation that will restrict important rights, decimate our natural resources, or cause some other type of harm.  The emails include an appeal asking you to make a public comment.  But then you think, “why should I do this, it will just be a waste of my time and won’t change anything anyway.” 

This could not be further from the truth – BECAUSE THE RELEVANT GOVERNMENT AGENCY MUST REVIEW AND RESPOND TO EVERY COMMENT, PUBLIC COMMENT PERIODS ARE A POWERFUL TOOL FOR DELAYING THE ENACTMENT OF ONEROUS RULE CHANGES.

Let’s start from the beginning.  When a government agency creates (or modifies/repeals) new administrative regulations, the agency is required to notify the public of the proposed new or changed rule and to accept public comments.  We see this most commonly in connection with the federal government proposing rule changes - like it did with Title X (national family planning and reproductive health program).  The proposed change is published in the Federal Register and the government agency making such change must allow at least 30 days after publication for the public to submit “written data, views, or arguments” and you will often see comment periods ranging from 60-90 days.

The relevant government agency is then required to review and respond to each and every comment received.  And although the relevant government agency does not have to modify its proposed rule changes/additions in response to public comments received, it does have to provide analysis and justification of such proposed rule changes/additions in light of the comments received.

We have seen the impact of public comments in connection with so many important matters in the past year and a half - from the “Gag Rule” proposal under Title X, to the proposed shrinking of Bears Ears National Monument.  When the government is overwhelmed by responses, implementation of potentially egregious changes to administrative rules and regulations is significantly delayed.

The key take away is this: WHEN YOU GET AN EMAIL ASKING YOU TO SUBMIT A PUBLIC COMMENT TO A PROPOSED RULE CHANGE - DO IT - AND THEN ASK ALL YOUR FRIENDS TO DO THE SAME.  Although we cannot stop the changes, we can significantly slow them down.  And, when the responses are overwhelming, we might cause the government to rethink its position on matters that affect all of us.

There are many ways that concerned citizens are taking action to combat the policies of the current administration.  Though the most visible avenues are participating in public protests and calling representatives, we at Smart Dissent want to encourage you to also pursue some actions you may not have considered, such as using the public comment period for proposed regulations.

Source: https://www.justia.com/administrative-law/rulemaking-writing-agency-regulations/notice-and-comment/

Additional reading: https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf

Additional listening: http://www.nhpr.org/post/episode-3-understanding-public-comment-period#stream/0