Public Engagement in Agency Rulemaking Under the Good Cause Exemption

This project will study when agencies assert the good cause exemption and recommend best practices for public engagement when agencies find good cause to forgo notice-and-comment rulemaking procedures. Among other relevant topics, this project will recommend best practices for agencies to employ in determining (1) whether to undertake pre- or post-promulgation public engagement efforts with respect to such rules, (2) what types of public engagement to use (including Federal Register notices, targeted outreach, and meetings with affected interests or other interested persons), and (3) how and when to use information obtained through such public engagement efforts to modify or improve their rules. 

Professor Mark Squillace (University of Colorado Law School) is serving as the consultant for this project.