Stand Out From the Crowd: Making Your Voice Heard in an Era of “Notice and Spam”

43 Rutgers L. Rec. 133 (2016) | WestLaw | LexisNexis | PDF

E-commenting, or commenting on administrative rules and notices on-line, has transformed the federal notice-and-comment practice. With a click of a button, citizens can easily share their thoughts on a proposed rule or notice. While the goal of increasing the opportunity for public participation is a worthy one, expanded public commenting has turned the notice-and-comment process into a “rulemaking arms race.” Agencies are now inundated with voluminous comments as public interest groups encourage members to submit boilerplate comments.

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