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. For more information, check out our Notice and Comment Webinar.

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 Environmental Protection Agency (EPA) seeks comment by January 21 on a proposed rule which would scale back requirements around storing and releasing wastewater from coal-fired power plants. This new rule would loosen regulations which regulate how toxic wastewater and coal ash is stored, putting nearby drinking water at risk for contamination. Read more from CNN and The New York Times.
  • The Department of Homeland Security (DHS) seeks comment by January 21 on a proposed rule to change asylum eligibility, denying those with minor misdemeanor convictions. Such convictions would include driving a motor vehicle while intoxicated, or unlawfully receiving public benefits. Read more from The New York Times.
  • The Federal Communications Committee (FCC) seeks comment by February 3 on a proposed rule to ban carriers using equipment from the company Huawei. The Committee also seeks to adopt an information collection system to identify eligible telecommunications carriers that have Huawei equipment in their network. Read more from The New York Times.
  • The Office of Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation seek comment by March 10 on a proposed rule to comprehensively change the Community Reinvestment Act (CRA). The proposed changes would weaken the focus of bank activities on low and moderate income (LMI) communities, while increasing the number of assessments banks could fail while still passing CRA requirements. Read more from The National Community Reinvestment Coalition and The Washington Post.

Members can also search the Federal Register for other comment opportunities.

State Opportunities

 

  • The California Department of Justice seeks comment by February 4 on a proposed rule which would allow firearm sellers to require a REAL ID to determine whether a person is prohibited by state or federal law from possessing firearms or ammunition. See pages 1679-1683 for more detail. Comments can be emailed to REALIDregs@doj.ca.gov.

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

Listen here

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.