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Administrative Law

2018

Donald J. Kochan

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The Commenting Power: Agency Accountability Through Public Participation, Donald J. Kochan Dec 2017

The Commenting Power: Agency Accountability Through Public Participation, Donald J. Kochan

Donald J. Kochan

Whether you are a member of the resistance movement or a cheerleader for the new Trump Administration’s regulatory reform agenda, this Essay intends to engage your passion. (Of course, scholars, students, and agency officials should be interested too.) The notice and comment rulemaking process governing the creation of most regulations generated by federal agencies includes an obligation that agencies respond to public comments. This public participation requirement, with its “two way street” obligation to dialogue, is a critical check on agency power. The laws in this area are ones about which anyone interested in regulation should know more. Describing general …