Notice & Comment

Administrative Conference Update Series

Notice & Comment

Forum on Public Input in Agency Rulemaking (ACUS Update)

ACUS is hosting a Forum on Enhancing Public Input in Agency Rulemaking tomorrow, December 1, from 1–4 pm ET. This forum grows out of several conversations that took place during ACUS committee meetings and other forums this year. In the spring, ACUS adopted Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. The recommendation—largely based […]

Notice & Comment

Forum on Underserved Communities, Fall Committees, and More (ACUS Update)

I’m delighted to join Notice & Comment to highlight new and continuing projects from the Administrative Conference of the United States (ACUS), as well as other news about ACUS initiatives and recommendations. Many thanks to Emily Bremer for her stewardship of the series. With that, dear reader, here is an all-things-ACUS update. Forum on Underserved […]

Notice & Comment

Forum on Underserved Communities and the Regulatory Process (ACUS Update)

ACUS is hosting a multi-day, virtual Forum on Underserved Communities and the Regulatory Process this November. Leading policymakers, community advocates, and other experts will discuss underserved communities’ participation in the processes, including rulemaking and adjudication, by which federal agencies make regulatory policies. The forum will address Executive Order 13985, which requires federal agencies to “pursue a comprehensive approach to advancing equity for […]

Notice & Comment

Fall 2021 Recommendation Projects Are Underway! (ACUS Update)

ACUS has recently begun committee meetings on a slate of new recommendation projects targeted for completion at the 76th Plenary Session, scheduled for December 16, 2021. Descriptions and basic information about the projects (pulled from ACUS) appear below. Further information, including draft documents, are (or will become) available via the included links. Public Access to […]

Notice & Comment

Richard J. Pierce, Jr. on the Harmful Public Misperception that Rulemaking is a Plebiscite (ACUS Update)

Over the past two days, I’ve posted a mini-symposium of separate statements filed by ACUS members in response to Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. The third and final contribution comes from Senior Fellow Richard J. Pierce, Jr. (GW Law) (it is an abbreviated version of a statement that is on the ACUS website): […]

Notice & Comment

Nina A. Mendelson on the Value of Comments from Individual Members of the Public (ACUS Update)

Yesterday, I posted the first of three separate statements filed by ACUS members in response to Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments. The second statement comes from Senior Fellow Nina A. Mendelson (Michigan Law): This Recommendation, the product of much hard work, will help guide agencies managing mass comments and addressing falsely attributed […]

Notice & Comment

Randolph J. May on Mass Comments and the FCC’s Net Neutrality Proceedings (ACUS Update)

As I noted yesterday, ACUS’s newly adopted Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments generated three separate statements.  Separate statements are permitted by the Administrative Conference Act (5 U.S.C. 595(a)(1)) and the agency’s bylaws (Section 302.6(d)(1)). They are relatively rare and typically used to register disagreement with a recommendation the Assembly has voted to […]

Notice & Comment

Four New Recommendations, Three Separate Statements, and One Committee Meeting in July (ACUS Update)

At its 74th Plenary Session in June, the Assembly of the Administrative Conference of the United States adopted four new recommendations. One of these (Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments) provoked three (!) separate statements, from Senior Fellows Randy May, Nina Mendelson, and Dick Pierce. The dialogue offers a fascinating window into […]

Notice & Comment

ACUS is Hiring!

The Administrative Conference of the United States is taking applications for multiple Attorney Advisor positions, with a deadline of April 30. The agency is seeking candidates with a year or more of legal experience. If you’re in a term-limited position such as a clerkship or fellowship, you should still apply! Your application is invited even […]

Notice & Comment

ACUS Publishing Six New Recommendations and One Statement (ACUS Update)

At its 73rd Plenary Session in December 2020, the ACUS Assembly adopted six new recommendations and one statement. These are all on public inspection today and set to be published in the Federal Register tomorrow. From the notice: Recommendation 2020-1, Rules on Rulemakings. This recommendation encourages agencies to consider issuing rules governing their rulemaking procedures. […]