Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Public opinion influences the outcome of the rulemaking process through the procedural requirements that the Administrative Procedure Act imposes upon agencies. This introduces a dilemma into the regulatory arena that has troubled democratic theory: reconciling the norms of equality and representation with the reality of unequal participation. The opportunities for public participation in rulemaking was enhanced with the federal E-Government Act of 2002. This study examines changes made to 56 proposed rules by the US Environmental Protection Agency in response to public comments over the decade that the agency began to solicit comments through electronic dockets. The analysis finds that comments by regulated industries greatly outnumber those from other individuals and groups. While still at unequal levels, there has been an increase in participation by private citizens in the notice-and-comment process, which traditionally has been dominated by industry voices. The probability of a proposed rule being weakened decreases as the proportion of private citizen and environmental group comments rise in relation to industry comments.