Notice and Comment
Get involved in the federal regulatory process
About
Submitting a comment for a federal or state notice of proposed rulemaking is one of the simplest and essential ways for the public to participate in the rulemaking process. ACS’s Notice and Comment initiative identifies opportunities to comment on key regulations put forth by federal and state agencies. ACS monitors the federal register for notices of proposed regulatory changes and highlights select opportunities that may be of interest to our members. ACS encourages our members to write and submit comments, but we are also looking for volunteers to research comments and provide expert talking points to guide comment writing.
Please email LCEmails@acslaw.org with the subject line “Notice and Comment” for more information.
State Regulation Monitors
Seeking Volunteers for Monitoring Proposed Regulatory Changes in the States
ACS is expanding its Notice and Comment Project, which monitors regulations and policy-making and then highlights select opportunities that may be of interest to our members, to include all 50 states. There is currently no single location to find proposed regulatory changes for all 50 states. Not only that, but many state proposed regulatory changes are difficult to monitor and not easily accessible to the general public. ACS is looking for volunteers to monitor, on a weekly basis, state notices of proposed rulemaking. Please email LCEmails@acslaw.org for more information.
Federal Opportunities
Top Notice and Comment Opportunities
- The Office of Personnel Management (OPM) has issued a proposed rule to revise regulations concerning appeals of reduction-in-force (RIF) actions. The proposal would transfer appeal rights for employees who have been furloughed for more than 30 days, separated, or demoted due to a RIF from the Merit Systems Protection Board to OPM. This change is expected to increase the difficulty for federal employees seeking to challenge their terminations. Comments on the proposed rule may be submitted here by March 12. Read more from Bloomberg Law and Politico.
- The Department of Justice has proposed an interim final rule to change the administrative appellate review process by the Board of Immigration Appeals. This would reduce the appeal window of decisions by Immigration Judges and refuse appeals unless the Board of Immigration Appeals unanimously grants it. The impacts of this rule will be felt immediately and will be severe. The comment period runs until March 9 and comments can be submitted here. Learn more at Migrant Insider and the National Immigrant Justice Center.
- The U.S. Customs and Border Protection, within the Department of Homeland Security (DHS), is seeking comment on a Voluntary Self-Reported Exit (VSRE) Pilot Period to collect facial images and biometric data from noncitizens subject to Form I-94 requirements, exiting the United States from any location. The pilot period will last two years beginning March 19, 2025, and comments may be submitted at any time during the pilot period by email to cbpone@cbp.dhs.gov.
Members can also search the Federal Register for other comment opportunities.
State Opportunities
- The Maryland Lynching Truth and Reconciliation Commission will hold a public meeting on Monday, March 9, 2026, at 11:30 am EST, to discuss cases of racially motivated lynching with the public. More information about the meeting can be found here.
Webinar
On September 19, ACS hosted a webinar on notice and comment procedure. Whether you care about environmental regulations, conditions for millions of workers across the country, financial controls, or any number of regulatory issues, this valuable training seminar covers the basics of the process that underlies all regulatory action with two seasoned experts. Notice and comment is a key oversight tool for agency activity, particularly in the current political environment, and it’s also a great way to develop knowledge in a particular area of the law. Whether you are an experienced practitioner or a law student still developing your experience, you can participate in notice and comment procedure to bring about change.
Featuring
Jill Dash, American Constitution Society, moderator
Emily Hogin, Perkins Coie
Raj Nayak, National Employment Law Project
Karl Sandstrom, Perkins Coie
Get involved in the federal regulatory process. Submitting a comment for a federal or state notice of proposed rulemaking is one of the simplest and essential ways for the public to participate in the rulemaking process. ACS’s Notice and Comment initiative identifies opportunities to comment on key regulations put forth by federal and state agencies.