Notice and Comment Project

About the Role

ACS's Notice and Comment initiative identifies opportunities to comment on key regulations put forth by federal and state agencies. The organization encourages members to write and submit comments and is seeking volunteers to research comments and provide expert talking points to guide comment writing.

State Regulation Monitors

ACS is expanding its Notice and Comment Project, which monitors regulations and policy-making and then highlights select opportunities that may be of interest to our members, to include all 50 states. There is currently no single location to find proposed regulatory changes for all 50 states. Not only that, but many state proposed regulatory changes are difficult to monitor and not easily accessible to the general public. ACS is looking for volunteers to monitor, on a weekly basis, state notices of proposed rulemaking.

Federal Opportunities

Top Notice and Comment Opportunities:

• The Environmental Protection Agency (EPA) is seeking comment on a proposed rule that would amend regulations to provide State and local air agencies with greater discretion to identify the level of public participation that is appropriate in their review of clean air standards. Comments may be submitted here by August 21. Read more from Bloomberg Law and Politico.
• The U.S. Customs and Border Protection, within the Department of Homeland Security (DHS), is seeking comment on a Voluntary Self-Reported Exit (VSRE) Pilot Period to collect facial images and biometric data from noncitizens subject to Form I-94 requirements, exiting the United States from any location. The pilot period will last two years beginning March 19, 2025, and comments may be submitted at any time during the pilot period by email to cbpone@cbp.dhs.gov.
• Members can also search the Federal Register for other comment opportunities.

Webinar

On September 19, ACS hosted a webinar on notice and comment procedure. Whether you care about environmental regulations, conditions for millions of workers across the country, financial controls, or any number of regulatory issues, this valuable training seminar covers the basics of the process that underlies all regulatory action with two seasoned experts. Notice and comment is a key oversight tool for agency activity, particularly in the current political environment, and it's also a great way to develop knowledge in a particular area of the law. Whether you are an experienced practitioner or a law student still developing your experience, you can participate in notice and comment procedure to bring about change.

Featuring: Jill Dash, American Constitution Society (moderator); Emily Hogin, Perkins Coie; Raj Nayak, National Employment Law Project; Karl Sandstrom, Perkins Coie

View Presentation Slides here

Please email LCEmails@acslaw.org with the subject line "Notice and Comment" for more information.