Public Engagement in Agency Rulemaking Under the Good Cause Exemption

This project will study when agencies assert the good cause exemption and recommend best practices for public engagement when agencies find good cause to forgo notice-and-comment rulemaking procedures. Among other relevant topics, this project will recommend best practices for agencies to employ in determining (1) whether to undertake pre- or post-promulgation public engagement efforts with respect to such rules, (2) what types of public engagement to use (including Federal Register notices, targeted outreach, and meetings with affected interests or other interested persons), and (3) how and when to use information obtained through such public engagement efforts to modify or improve their rules. 

Professor Mark Squillace (University of Colorado Law School) is serving as the consultant for this project.

Contacts:

Staff Counsel

Project Documents

Name Committee Type Date File
Agenda for Rulemaking Committee Meeting, November 4, 2024 Committee on Rulemaking Agenda Download Agenda for Rulemaking Committee Meeting, November 4, 2024
Agenda for Rulemaking Committee Meeting, October 8, 2024 Committee on Rulemaking Agenda Download Agenda for Rulemaking Committee Meeting, October 8, 2024
Agenda for Rulemaking Committee Meeting, November 6, 2024 Committee on Rulemaking Agenda Download Agenda for Rulemaking Committee Meeting, November 6, 2024
Agenda for Rulemaking Committee Meeting, November 12, 2024 Committee on Rulemaking Agenda Download Agenda for Rulemaking Committee Meeting, November 12, 2024
Agenda for Rulemaking Committee Meeting, October 22, 2024 Committee on Rulemaking Agenda Download Agenda for Rulemaking Committee Meeting, October 22, 2024
Agenda for Rulemaking Committee Meeting, October 29, 2024 Committee on Rulemaking Agenda Download Agenda for Rulemaking Committee Meeting, October 29, 2024
Public Engagement in Agency Rulemaking Under the Good Cause Exemption Request for Proposals RFP Download Public Engagement in Agency Rulemaking Under the Good Cause Exemption Request for Proposals
Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Draft Recommendation for November 4, 2024, Meeting Committee on Rulemaking Recommendation Download Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Draft Recommendation for November 4, 2024, Meeting
Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Draft Recommendation for November 6, 2024, Meeting Committee on Rulemaking Recommendation Download Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Draft Recommendation for November 6, 2024, Meeting
Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Draft Recommendation for October 8, 2024, Meeting Committee on Rulemaking Recommendation Download Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Draft Recommendation for October 8, 2024, Meeting
Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Draft Recommendation for November 12, 2024, Meeting Committee on Rulemaking Recommendation Download Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Draft Recommendation for November 12, 2024, Meeting
Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Proposed Recommendation from Committee Committee on Rulemaking Recommendation Download Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Proposed Recommendation from Committee
Public Engagement in Agency Rulemaking Under the Good Cause Exemption - For Plenary - Clean Committee on Rulemaking Recommendation Download Public Engagement in Agency Rulemaking Under the Good Cause Exemption - For Plenary - Clean
Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Draft Recommendation for October 22, 2024, Meeting Committee on Rulemaking Recommendation Download Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Draft Recommendation for October 22, 2024, Meeting
Public Engagement in Agency Rulemaking Under the Good Cause Exemption - For Plenary - Redline Committee on Rulemaking Recommendation Download Public Engagement in Agency Rulemaking Under the Good Cause Exemption - For Plenary - Redline
Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Draft Recommendation for October 29, 2024, Meeting Committee on Rulemaking Recommendation Download Public Engagement in Agency Rulemaking Under the Good Cause Exemption - Draft Recommendation for October 29, 2024, Meeting
Public Engagement in Agency Rulemaking Under the Good Cause Exemption (Draft Report) Committee on Rulemaking Report Download Public Engagement in Agency Rulemaking Under the Good Cause Exemption (Draft Report)
Best Practices for Agency Use of the Good Cause Exemption for Rulemaking (Final Report) Committee on Rulemaking Report Download Best Practices for Agency Use of the Good Cause Exemption for Rulemaking (Final Report)
Comment from Jeffrey S. Lubbers on Public Engagement in Good Cause Rulemaking Committee on Rulemaking Comment Download Comment from Jeffrey S. Lubbers on Public Engagement in Good Cause Rulemaking
Comment from Senior Fellow Michael E. Herz on Public Engagement in Rulemaking Under the Good Cause Exemption Committee on Rulemaking Comment Download Comment from Senior Fellow Michael E. Herz on Public Engagement in Rulemaking Under the Good Cause Exemption
Comment from Senior Fellow Ronald M. Levin on Public Engagement in Agency Rulemaking Under the Good Cause Exemption Committee on Rulemaking Comment Download Comment from Senior Fellow Ronald M. Levin on Public Engagement in Agency Rulemaking Under the Good Cause Exemption
Comment from Government Member Alex Goodenough on Public Engagement in Agency Rulemaking Under the Good Cause Exemption Committee on Rulemaking Comment Download Comment from Government Member Alex Goodenough on Public Engagement in Agency Rulemaking Under the Good Cause Exemption
Comment from Senior Fellow Michael E. Herz on Public Engagement in Agency Rulemaking Under the Good Cause Exemption Committee on Rulemaking Comment Download Comment from Senior Fellow Michael E. Herz on Public Engagement in Agency Rulemaking Under the Good Cause Exemption
Comment from Government Member Miriam E. Vincent on Public Engagement in Agency Rulemaking Under the Good Cause Exemption Committee on Rulemaking Comment Download Comment from Government Member Miriam E. Vincent on Public Engagement in Agency Rulemaking Under the Good Cause Exemption
Comment from Special Counsel Jeffrey S. Lubbers on Public Engagement in Agency Rulemaking Under the Good Cause Exemption Committee on Rulemaking Comment Download Comment from Special Counsel Jeffrey S. Lubbers on Public Engagement in Agency Rulemaking Under the Good Cause Exemption
Comment from Senior Fellow Nina A. Mendelson on Public Engagement in Agency Rulemaking Under the Good Cause Exemption Committee on Rulemaking Comment Download Comment from Senior Fellow Nina A. Mendelson on Public Engagement in Agency Rulemaking Under the Good Cause Exemption
Comment from Government Member Daniel Vice on Public Engagement in Agency Rulemaking Under the Good Cause Exemption Committee on Rulemaking Comment Download Comment from Government Member Daniel Vice on Public Engagement in Agency Rulemaking Under the Good Cause Exemption
Comment from Special Counsel Jeffrey S. Lubbers on Public Engagement in Agency Rulemaking Under the Good Cause Exemption (Plenary) Committee on Rulemaking Comment Download Comment from Special Counsel Jeffrey S. Lubbers on Public Engagement in Agency Rulemaking Under the Good Cause Exemption (Plenary)

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