ACUS has released its newest Information Interchange Bulletin: Disclosure of Critical Factual Material Supporting Proposed Rules (D.C. Circuit). The Bulletin provides a high-level overview of how the D.C. Circuit has applied the principle—sometimes called the Portland Cement doctrine—that agencies must make the “critical factual material” underlying proposed rules available for public notice and comment.
ACUS has previously considered best practices for managing public rulemaking dockets “to achieve maximum public disclosure” in Recommendation 2013-4, Administrative Record in Informal Rulemaking. The Working Group on Compiling Administrative Records is currently developing materials to help agencies implement those best practices.
ACUS will also soon consider best practices for managing Protected Materials in Public Rulemaking Dockets. A draft report on the subject by University of Pennsylvania Professor Christopher S. Yoo is now available.
ACUS’s Office of the Chairman releases a new Information Interchange Bulletin each month. Previous Bulletins have covered recusal rules for agency adjudicators (here), acting officials under the Vacancies Act (here), and what information agencies must publish in the Federal Register (here) and on their websites (here). All past and future Bulletins are available on our dedicated Information Interchange Bulletin webpage.