Public comments are a cornerstone of our modern participatory democracy. Since 1946, federal law has required agencies to post notices of proposed rules, provide an opportunity for the public to participate in the rulemaking process through public comments, and to consider the “relevant matter” raised in those comments.
While federal agencies do take seriously the role of public comments in the regulatory process (e.g. GAO, 2020), public commenting remains an under-actualized avenue for civic input. The very limited research that has been conducted on this topic indicates that certain interest groups have more influence than others through public comments (Yackee and Yackee, 2006), and only a small fraction of the comments received by agencies are considered “significant” (unpublished research). There is a significant disjuncture between the opportunity and the reality of the influence of the public’s comments in our federal rulemaking.
EDGI’s Public Comments Initiative sheds light on public commenting and how to engage effectively with federal rulemaking. We describe how agencies review comments, and offer recommendations to help your comment have impact. We also describe other avenues of participation that may better align with your goals than commenting on a proposed rule, and we propose recommendations to agencies to better support public participation, particularly through improved public information. Our guides are tailored to engaging with the EPA and environmental rulemaking, but can generally be applied to other federal agencies as well.
Guides for Understanding the Public Comment Process
>> How to Write Effective Public Comments
This guide offers recommendations for how to best write and submit a public comment on a proposed federal rule.
>> Research Recommendations for Writing Informed Public Comments
Agencies consistently ask for the public to provide new data and/or analyses in their public comment. This guide helps users identify, find, and use informational resources that can support informed and effective public comments.
>> What Happens to a Public Comment After it is Submitted
This guide explains how the EPA handles public comments. It details the agency’s behind-the-scenes process for reviewing and responding to comments, and informs our guide for writing effective comments.
>> Beyond Public Comments: Other Ways to Engage With and Influence Federal Agencies
Public commenting is only one avenue to share information with the federal government. This guide describes different types of engagement with federal agencies and when you might want to use them.
Policy Brief and Public Comments on Improving the Public Comment Process
Expanding Public Participation Through Improved Sharing and Management of Public Information (July 2, 2024)
This policy brief recommends key steps the federal government should take to expand and deepen public participation through improved management of public information. Some of these recommendations include consistently creating informational resources for the public and utilizing ‘Requests for Information’ early in the regulatory development process to solicit input from the public.
EDGI Comments on the Office of Management and Budget’s RFI on Advancing Public Participation and Community Engagement (May 17, 2024)
This comment stresses that the federal government should strive to increase the tangible impact of public participation in federal decision-making. To do this, EDGI recommends OMB design public participation processes that have the appropriate timing and depth to meaningfully influence government actions, and to develop standards for information management to ensure the public can easily learn about issues and opportunities for input.
Comments by the Environmental Data and Governance Initiative on Broadening Public Engagement in the Federal Regulatory Process (March 10, 2023)
This comment urges the Office of Information and Regulatory Affairs (OIRA) to address information policy gaps that will undermine efforts to broaden public engagement in regulatory affairs, particularly the lack of requirements for regulatory and related information to be shared through agency websites.
We would love to hear from you. To get in touch or contribute to this work, please email Gretchen Gehrke at gretchen.gehrke@envirodatagov.org.