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Agencies, courts, and academics agree that notice-and-comment rulemaking is not a referendum. But that conceptualization presents a challenge when an agency is confronted with mass comments. If agencies are not counting but reading comments, and if mass comments are duplicative and often devoid of content beyond a strong expression of values or preference, then what do they add?
The Regulatory Review
ACUS, Agency Transparency, notice-and-comment, Participation, Public Comment
Administrative Law | Law
Herz, Michael, "Mass Comments’ Opportunity Costs" (2021). Online Publications. 50.