A CITIZEN’S GUIDE TO THE FEDERAL REGULATORY PROCESS

The document outlines the legal and procedural steps of federal rulemaking and place-specific environmental actions, such as permitting and Superfund cleanups. It provides strategic advice for citizens to submit effective comments, request meetings with officials, and use legal mechanisms like citizen suits to ensure agency accountability. A significant portion of the guide is dedicated to environmental justice, explaining how marginalized communities are disproportionately affected by pollution and climate change and detailing resources and grants available to help these communities participate in decision-making.

• Federal rulemaking typically follows a three-step process: the agency publishes a proposed rule in the Federal Register, opens a public comment period (usually at least 30 days), and then issues a final rule after considering and responding to all 'significant' comments.
• The Office of Information and Regulatory Affairs (OIRA) within the White House Office of Management and Budget (OMB) acts as a gatekeeper for 'significant' rules through an interagency review process to ensure consistency with presidential policies.
• Public comments are most effective when they are constructive, civil, and supported by expertise or specific information, such as scientific reports, economic data, or personal anecdotes that illustrate real-world impacts.
• Environmental justice (EJ) communities—including communities of color, low-income communities, and tribes—disproportionately bear the burdens of pollution and are more vulnerable to climate change impacts, such as extreme heat and flooding.
• The EPA has established policies to enhance engagement with overburdened communities during the permitting process, including pledges to perform local impact analyses and establish appropriate permit terms to address EJ concerns.
• The Superfund program allows for the creation of Community Advisory Groups (CAGs) and provides Technical Assistance Grants (TAGs) of up to $50,000 per site to help communities interpret technical information and influence cleanup decisions.
• Citizens can use 'mandatory duty' lawsuits to force federal agencies to implement regulatory provisions when the agency fails to perform a duty required by a specific date in a statute.
• The National Environmental Policy Act (NEPA) requires agencies to assess and mitigate environmental impacts of major decisions, though 2020 regulatory revisions limited public comment opportunities and the scope of cumulative impact analysis.
• Federal regulations generally provide benefits that exceed their costs, and some, such as greenhouse gas and fuel economy standards for vehicles, can save consumers money over the long term.

APA

Kurlansky, E., Ketcham-Colwill, N., Ketcham-Colwill, J., Campbell, C., & Teter, J. (2021). A CITIZEN’S GUIDE TO THE FEDERAL REGULATORY PROCESS. Union of Concerned Scientists. https://www.ucsusa.org/sites/default/files/2021-06/Revised-Citizen-Guide-6-24-clean-for-UCS.pdf

Chicago

Kurlansky, Ellen, Nancy Ketcham-Colwill, Jim Ketcham-Colwill, Carol Campbell, and Joni Teter. A CITIZEN’S GUIDE TO THE FEDERAL REGULATORY PROCESS. Union of Concerned Scientists, 2021. https://www.ucsusa.org/sites/default/files/2021-06/Revised-Citizen-Guide-6-24-clean-for-UCS.pdf.

Wikipedia

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BibTeX

@techreport{kurlansky2021citizens, author = {Kurlansky, Ellen and Ketcham-Colwill, Nancy and Ketcham-Colwill, Jim and Campbell, Carol and Teter, Joni}, title = {{A CITIZEN’S GUIDE TO THE FEDERAL REGULATORY PROCESS}}, institution = {Union of Concerned Scientists}, year = {2021}, month = jun, url = {https://www.ucsusa.org/sites/default/files/2021-06/Revised-Citizen-Guide-6-24-clean-for-UCS.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }