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 Consumer Financial Protection Bureau (CFPB) is seeking comment by December 15 on a proposed rule that will amend provisions related to disparate impact, discouragement of applicants or prospective applicants, and special purpose credit programs under Regulation B, implementing the Equal Credit Opportunity Act (ECOA). These changes will diminish efforts to combat unintentional bias related to race, gender, national origin, or other protected classes when designing “special purpose credit programs” to boost lending. Comments may be submitted here. Read more from Reuters and Bloomberg.
- The U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS) are seeking comment by December 19 on a proposed rule to rescind the 2022 public charge ground of inadmissibility regulations. This rule would give more power to individual Citizenship and Immigration Services officers with the authority to deny permanent residency to lawfully present immigrants who use Medicaid or other food and housing assistance programs. Comments may be submitted here. Read more from Politico and Axios.
- The U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army are seeking comment by January 5 on a proposed rule revising the regulations defining the scope of waters federally covered under the Federal Water Pollution Control Act, known as the Clean Water Act, in light of the U.S. Supreme Court’s 2023 decision in Sackett v. Environmental Protection Agency. This rule would significantly reduce the scope of the Clean Water Act, leaving wetlands across the country vulnerable to pollution and destruction. Comments may be submitted here. Read more from ABC News and Bloomberg.
- 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, December 8, 2025, 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.