Federal agencies are required to consult with state and local governments when they develop regulatory policies that have “federalism implications” and with tribal governments when they develop regulatory policies that have “tribal implications.” This project will identify best practices and recommendations for action to facilitate effective consultation between federal agencies and state, local, and tribal officials in regulatory policymaking. Among other topics, it will address agency procedures for consulting with state, local, and tribal governments; approaches to identifying and engaging with appropriate state, local, and tribal officials; methods for utilizing feedback from state, local, and tribal governments in agency decision making; and common issues and challenges that agencies face in developing and implementing accountable processes for consultation.
Seth Davis (University of California, Berkeley School of Law) and Daniel B. Rodriguez (Northwestern Pritzker School of Law) are serving as the consultants for this project.