The Administrative Conference of the United States Seeks Input on the Federal Rulemaking Comment Process

Key Takeaways

• What Happened: On October 26, 2026, the Administrative Conference of the United States (ACUS) issued a Request for Comments on federal agencies’ approaches to receiving, publicizing, and responding to comments on proposed rules. Submissions to ACUS will inform a study that aims to improve how federal agencies process public comments during the rulemaking process.
• Why It Matters: The public comment process plays a critical role in developing environmental and other federal regulations. Comments form a major part of administrative records and often play a substantial role in litigation challenging federal regulations. Comments may also persuade an agency to change course or adjust a rule to address circumstances commenters raise. Changes to how agencies process and examine public comments on rulemakings could significantly affect stakeholders. Such changes may also shape how agencies handle comments during environmental reviews or permitting for individual projects; ensuring consistency with existing initiatives in this area will be important. While ACUS recommendations are not binding law, federal agencies can be expected to respect and promptly implement them.

The Study Will Examine How Agencies Process Public Comments

ACUS is conducting a study that could spur federal agencies to change how they receive, publish, analyze, and respond to public comments submitted during rulemaking. To inform this work, ACUS is seeking perspectives from those who have commented on proposed federal rules. ACUS also plans to examine the tools federal agencies use to process and review public comments. The notice mentions “algorithmic tools,” but does not specifically mention artificial intelligence. Finally, the study seeks to identify which aspects of the agencies’ public comment processing procedures are more or less successful so they can adjust them accordingly.

This new study follows a 2018 ACUS recommendation that outlined the vital role of public participation in the federal rulemaking process and highlighted reforming the process as a key priority. Depending on the study’s findings, ACUS may recommend a revised list of “best practices” for agencies to adopt. It is unclear whether the study will address when soliciting comment is necessary or appropriate in the first place, another current focus across federal agencies.

Implications for the Regulated Community

The public comment process allows businesses and other interested parties an opportunity to influence proposed actions (including regulations, guidance, permitting, and other actions subject to notice and comment requirements) by identifying potential technical and implementation challenges, feasibility considerations, and alternative approaches to proposed actions. How federal agencies choose to receive, evaluate, and respond to comments can significantly affect both the substance of regulations and their ability to withstand judicial review. Stakeholders who regularly navigate federal environmental regulations should use this request for public input to identify challenges they have faced in how agencies analyze and respond to substantive comments. They may also recommend tools or solutions based on their experience with commenting processes in non-rulemaking contexts.

Written comments must be received no later than 10:00 am (ET) on December 28, 2026. Stakeholders may send comments to [email protected].

B&D’s environmental and project development teams have extensive experience preparing public comments on rulemakings and litigating them on behalf of clients. We represent clients in administrative rulemakings and appellate matters in numerous state and federal courts, including the D.C. Circuit and U.S. Supreme Court. For more information, please contact the authors.