This excerpted op-ed originally ran in The Hill.
When French political philosopher Alexis de Tocqueville toured the United States nearly 200 years ago, he famously marveled at the degree and diversity of the American people’s civic engagement. Through a recent, little-noticed guidance, the Biden administration is now working to further infuse this unique tradition into one of our nation’s most important governing institutions: the federal regulatory system.
The White House guidance’s recommendations will be essential for empowering ordinary people to shape the policies we care about, whether it’s keeping our drinking water clean or protecting our wallets against predatory banks.
Since our nation’s founding, the federal regulatory system has played a critical role translating congressional legislation into concrete policies that improve our lives by making us more secure and promoting a fairer economy. Significantly, members of the public have been instrumental in this task, working side by side with our public servants at every stage of implementation.
Despite this, the regulatory system is not yet achieving its full democratic potential. As our new research shows, the primary vehicle for public participation — the “notice and comment” process through which agencies invite members of the public to offer their views on how to improve rules under development — is failing to meaningfully engage most members of the public, particularly individuals and small groups from structurally marginalized communities.
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Federico Holm, James Goodwin | August 24, 2023
When French political philosopher Alexis de Tocqueville toured the United States nearly 200 years ago, he famously marveled at the degree and diversity of the American people’s civic engagement. Through a recent, little-noticed guidance, the Biden administration is now working to further infuse this unique tradition into one of our nation’s most important governing institutions: the federal regulatory system. The White House guidance’s recommendations will be essential for empowering ordinary people to shape the policies we care about, whether it’s keeping our drinking water clean or protecting our wallets against predatory banks. Despite this, the regulatory system is not yet achieving its full democratic potential.
Faith Duggan | August 23, 2023
How would I describe the world we live in? Well, the world we live in has molded me into an activist. I am of a generation that has been required to stand up and demand our rights, as our future is uncertain. More than perhaps any time in human history, our planet and the life it supports are struggling mightily. Because not enough has been done quickly enough on these issues, youth activists must pick up the torch and push to get things done.
Robert Fischman | August 22, 2023
Last week, in the capital of the state holding the largest recoverable coal reserves and the fifth-highest per capita combustion emissions in the country, a trial court shook the fossil fuel establishment by invalidating legislation that helps sustain the dominance of fossil fuels in Montana.
Sophie Loeb | August 16, 2023
August 16 marks the one-year anniversary of President Joe Biden signing the Inflation Reduction Act (IRA) into law. The landmark law was the first major piece of legislation Congress passed to address climate change, and just one year later, it is already improving people's lives.
Federico Holm | August 14, 2023
On May 23, the U.S. Environmental Protection Agency (EPA) released a proposed rule to regulate greenhouse gas emissions from power plants that run on fossil fuels. While these proposed standards are a good step forward and a much better approach to cutting climate pollution than the Trump administration’s misnamed "Affordable Clean Energy Rule," the EPA has room to strengthen them and greatly increase their climate and environmental justice benefits.
Daniel Farber | August 8, 2023
With the U.S. Supreme Court’s refusal to take up the issue, lawsuits against the oil industry are heading back to state court. That’s where the plaintiffs wanted those cases from the beginning, but it’s by no means the last of the issues they will confront. The oil companies will fight a scorched earth campaign, spending millions to contest every possible issue. Here are some of the major issues we can expect them to raise.
Federico Holm | August 7, 2023
Under the Biden administration, the U.S. regulatory system is experiencing a welcome renaissance, changing the way agencies see their role in society and the relationship between policymaking and public participation. However, the regulatory process is still providing outsized opportunities for large, sophisticated "repeat players" to shape our public protections because of the “two-tiered” nature of public participation that currently exists.
Daniel Farber | August 2, 2023
Early on July 28, the White House Council on Environmental Quality (CEQ) released the proposed Phase II revisions of its National Environmental Policy Act (NEPA) regulations. The CEQ proposal deftly threads the needle, streamlining the NEPA process while protecting the environment and disadvantaged communities.
Conor Klerekoper | August 1, 2023
Information is vitally important to our daily lives, yet when it comes to the context of an employment relationship, so often that information travels on a one-way street. Employers, through the hiring process, know everything from our basic information to whatever intimate details that may arise in a background check. Yet, the wealth of information that would be important for employees, prospective hires, and the general public rarely flows in the opposite direction.