This guide describes alternatives to the public comment process for engagement with federal agencies and the potential benefits of taking other approaches. It is informed by the EDGI Public Comments Project’s insights into environmental rulemaking at the EPA, but the guidance in this document may be applied to many, but not all, agency affairs that are subject to public input.
How to cite this guide:
Paz, A. & Gehrke, G. (2024). Beyond Public Comments: Other Ways to Engage and Influence Federal Agencies. Environmental Data and Governance Initiative. https://envirodatagov.org/beyond-public-comments-other-ways-to-engage-and-influence-federal-agencies/
On Public Comments
There are multiple pathways for members of the public to participate in environmental rulemaking. Chief among these, Individuals can write and submit public comments, or give public comments at a public hearing. Agencies often present public commenting opportunities as giving members of the public direct influence on agency affairs or new regulations. There are many ways this influence can be realized. For example, comments submitted to agencies can spur litigation that forces them to change course in their actions. However, there are other ways of engaging with and influencing federal agencies like the EPA on regulatory and other matters. It’s worth considering that there might be instances when writing and submitting a public comment might not be the most effective course for changing an agency’s stance on an issue or regulation. Individuals thinking about engaging with agencies may benefit from considering other ways to provide agencies input besides submitting comments.
So what factors may one consider when deciding whether to write a public comment or go a different route? And what are suitable alternatives? In some cases, writing an effective public comment can be time consuming and require significant expertise, depending on what the author wishes to accomplish. Public comments tend to be most effective when they include original data and legal, regulatory, scientific, and/or economic analyses, which not everyone will be able to provide, at least not in a format that aligns with agency standards. Although there has been evidence that agencies carefully consider public comments when writing regulations and finalizing actions subject to public input, it is uncommon for public comments to have significant influence on the outcome of these efforts. Some stakeholders, such as state agencies tasked with implementing regulations, may submit comments that can be quite impactful and influence federal agencies’ thinking. Most stakeholders, however, will not be able to hold such sway through their public comments. Agencies have not created systems through which they could consider or respond to comments describing commenters’ personal perspectives or lived experiences the way they might for comments with more technical or scientific information, even if those perspectives are relevant to an issue or proposed rule. These issues do not mean that it is not worth writing public comments, but in some circumstances people may have better success sharing their perspective and influencing agencies by engaging with them in other ways.
Other Efforts That May Influence Government Policies
Giving oral comments at a public meeting or hearing organized by an agency. Public meetings and hearings may be held in person or through videoconference. While similar to writing a public comment, giving oral comments at public hearings adds a human dimension to the comments that may be more effective for communicating personal narratives and showing agency staff how members of the public are affected by an issue.
Writing letters to local, state, or national elected officials. Elected officials may act on behalf of their constituents and serve as a bridge between the public and the government. The distribution of power and responsibility between the elected legislative branch and the executive branch of government means that there are many avenues for influencing government policies and actions. Contacting your local, state, or national representatives may prompt them to get in touch with the regulating agency, where they hold notable influence. Contacting your local and state agencies can also be productive, since federal agencies work in partnership with state (and sometimes local) agencies to implement their policies, and therefore state and local agencies also can meaningfully influence federal regulations.
Requesting meetings with agency staff to discuss elements of a proposed rule, bring issues to their attention, or offer feedback on other agency matters. Meeting with agency staff presents a great opportunity to discuss important matters with agency officials, especially in cases where a group is advocating for agencies to take on issues that are not currently a priority. Agencies and offices within those agencies will differ in how they respond to requests for meetings with members of the public, including whether staff are able to meet with outside groups during the comment period for a proposed rule, or at other times when there are fewer requirements around communications. Federal agencies have hierarchical organizational structures, and for groups lacking privileged connections with federal agencies, it is usually more effective to request meetings with staff members or program offices, as opposed to senior leadership. These agency persons can be responsive to specific questions and perspectives, especially in the earlier stages of the agency working on an issue.
Partnering with a larger organization that will incorporate persons’ perspectives in a larger public comment they submit. Some nonprofits will partner with individuals or other groups to draft public comments. These organizations may be better suited to write an effective comment that includes technical, scientific, legal, or economic rationale. They may document and incorporate peoples’ perspectives and lived experiences in a public comment that includes analyses presented in a way agencies may be more capable of taking into consideration. This strategy of partnering with a larger organization may be particularly effective for issues on which a law firm intends to pursue legal challenges to a regulation, and partnering with people who are impacted by the regulation provides the law firm with the standing they would need in order to sue.
Work with academics or NGOs to conduct studies about an environmental issue or improve environmental governance in an affected area. These efforts may supply crucial data that may be used in a public comment or shared with agencies at earlier stages of the regulatory development process.
There are a number of scenarios where pursuing these other engagement options may have a larger impact than submitting a public comment. People and groups writing public comments may want to redirect the efforts they would have made to write a comment into these other engagement avenues, or pursue them in conjunction with public comments.
Here are a few example scenarios illustrating ways individuals could engage with federal agencies besides writing and submitting public comments:
- A member of the public with asthma wants to write a public comment about a proposed rule regulating truck emissions. They plan to describe how they have been personally affected by pollution from a nearby freeway and why they think the rule would make a difference in their life. The same person instead writes a letter to their local congressional representative, who sits on the House Committee on Transportation and Infrastructure. While they might still submit a public comment, this individual’s personal perspective would have a higher likelihood of being considered by an elected representative who has influence over federal agency actions. On the other hand, as a public comment, their perspective might not be as impactful, since it is lacking in technical content or original data.
- A local organizer wants to submit a comment about a facility seeking a permit. They seek to speak for their community and provide their perspective. The organizer investigates if there are in-person or online public hearings about this specific permit. Instead of writing a comment, they organize a trip to a public meeting where agency staff meet and hear from local community members impacted by the proposed construction/permitting issue. This type of interaction might make agency staff or administrators more cognizant of unmeasured issues the community is facing related to the permit’s case. The organizer’s oral testimony ends up in the public record as a transcript.
- A scientist with relevant expertise wants to comment on a proposed rule about air pollution, specifically about the scientific analyses underpinning the rule. They contact a non-profit with experience writing and submitting public comments, with the intent of working with them and sharing their scientific expertise. The non-profit incorporates the scientist’s analysis in a thorough written public comment and additional communications to the agency and federal legislators. The non-profit’s submitted comment includes the viewpoint of the scientist, but is authored by staff with experience writing public comments, especially concerning legal and economic matters relevant to making effective comments. This comment is more influential than what either party could have written working by themselves.
Conclusion
Public comments are an established and protected way to engage with federal agencies on important decisions, such as proposals for new regulations. However, they are not the only option available for the public to engage with federal agencies. Writing and submitting public comments can have its drawbacks, in terms of effort spent that could have been allocated into other engagement activities or efforts to influence the federal government. Taking a broad view of a situation, such as an environmental issue that the federal government is attempting to address, may uncover other pathways to engage with the government that may yield better or complementary results compared to just submitting a public comment. Engaged members of the public who take into account all of their options will be likely to maximize their impact and make the best use of the tools for democracy they have at their disposal.
See something that needs changing or want to contribute to this work?
If you have feedback, comments, or would like to get involved, please contact Gretchen Gehrke at gretchen.gehrke@envirodatagov.org.