Public Participation in Rulemaking at Federal Agencies

The Union of Concerned Scientists identifies systemic barriers to public participation in US federal rulemaking, noting that industry interests often have disproportionate influence and that marginalized communities are frequently excluded. The document recommends earlier community involvement, the use of plain language, increased transparency regarding funding and meetings, and improvements to digital accessibility on platforms like regulations.gov.

• Federal agencies often finalize the core content of rules before the public comment period begins, creating a 'black box' where industry interest groups can exert significant influence before the public is aware of the proposed rules.
• There is a significant imbalance in access to decision-makers; for example, industry representatives meet with the Office of Information and Regulatory Affairs (OIRA) five times more frequently than public interest groups.
• Public participation is hindered by the use of highly technical language in proposed rules, which favors industry commenters who employ technical experts and attorneys over the general public, whose expertise is often based on lived experience.
• Regulatory failures and lack of participation disproportionately impact marginalized groups, including communities of color, low-income communities, and Indigenous communities, particularly regarding air pollution and proximity to industrial facilities.
• Digital barriers and inconsistent infrastructure on regulations.gov, combined with a lack of reliable internet access for low-income households, impede effective e-rulemaking.
• The document recommends that agencies improve the Environmental Impact Statement (EIS) process by including social scientists and nontechnical community experts on EIS teams to prevent the marginalization of at-risk populations.
• To increase transparency, the authors propose that public commenters who submit scientific or technical research should be required to disclose their funding sources and sponsoring organizations.

APA

Union of Concerned Scientists (2020). Public Participation in Rulemaking at Federal Agencies. https://www.ucs.org/sites/default/files/2020-09/public-participation-in-rulemaking-at-federal-agencies_0.pdf

Chicago

Union of Concerned Scientists. Public Participation in Rulemaking at Federal Agencies. 2020. https://www.ucs.org/sites/default/files/2020-09/public-participation-in-rulemaking-at-federal-agencies_0.pdf.

Wikipedia

{{cite report |author=Union of Concerned Scientists |title=Public Participation in Rulemaking at Federal Agencies |date=September 2020 |url=https://www.ucs.org/sites/default/files/2020-09/public-participation-in-rulemaking-at-federal-agencies_0.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{unionofconcernedscientists2020public, author = {{Union of Concerned Scientists}}, title = {{Public Participation in Rulemaking at Federal Agencies}}, institution = {Union of Concerned Scientists}, year = {2020}, month = sep, url = {https://www.ucs.org/sites/default/files/2020-09/public-participation-in-rulemaking-at-federal-agencies_0.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }