Trump Administration Fosters Transparency, Dialogue with American People through Notice-and-Comment Policy

The mandatory notice-and-comment policy established by the Administrative Procedure Act of 1946 (APA) is largely overlooked by the American public despite its importance to the federal rulemaking process, especially as it relates to the current administration.

The notice-and-comment policy has been influential in judicial review in cases such as Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Co. (1983), Little Sisters of the Poor Saints Peter & Paul Home v. Pennsylvania (2020), and Ohio v. Environmental Protection Agency (2024) to decide the constitutionality of a regulation.

Comments have also proven influential in the past in determining the future of a proposed regulation. CPAC's successful notice-and-comment record demonstrates that.

The Trump administration has embraced the notice-and-comment process, a shift towards transparency and dialogue with the American people that contrasts the attitude of the previous administration. President Trump has reoriented the nation’s focus toward the executive branch and directed agencies to rigorously engage with notice-and-comment procedures, as multiple agencies have put forth requests for comment specifically regarding existing regulations antithetical to the view and goals of the Trump Administration.

On March 27, the EPA posted a notice to the Federal Register announcing a “solicitation of stakeholder feedback” on key topics relating to the implementation of the definition of “waters of the United States,” pursuant to the determination of the Court in Sackett v. EPA. The EPA stated this notice intended to provide for “broad, transparent engagement” with a wide variety of stakeholders and the general public.

On March 27, DOJ launched an Anticompetitive Regulations Task Force to eliminate state and federal laws and regulations that injure free market competition, consumers, workers, and businesses. In their press release, DOJ explicitly requested information from the public about existing laws and regulations that hinder competition in a variety of industries.

On April 3, DOT issued a request for information to assist in their compliance with Executive Orders 14219 and 14192. DOT is utilizing notice-and-comment to allow the public to identify existing regulations and requirements that undermine the current administration’s goals or impose an undue regulatory burden on the public.

On April 4, ED posted a “intent to negotiate” to the Federal Register, inviting public feedback concerning a variety of federal student financial assistance programs. ED specifically requested comment on Public Service Loan Forgiveness, Pay As You Earn, and Income-Contingent Repayment.

On April 4, the IRS issued a notice inviting the public to submit recommendations for what should be included in the 2025-2026 Priority Guidance Plan. The IRS and Treasury Department’s Oce of Tax Policy use the Priority Guidance Plan each year to outline which tax issues should be prioritized and addressed through regulations, revenue rulings, notices, and other administrative proceedings.

On April 8, President Trump issued a proclamation exempting certain stationary sources from requirements imposed by an emissions rule for coal- and oil-fired electric utility steam generating units. Prior to its finalization, the National Rural Electric Cooperative Association (NRECA) provided comments in opposition to the rule, stating that the proposed standards were “technically unachievable.” In President Trump’s proclamation, he determined that implementation of the rule was not technically feasible, mirroring the arguments made in NRECA’s comments.

The ongoing requests for comment on a plethora of regulatory matters reflect the Trump Administration’s commitment to improving the regulatory process. By invoking procedures under the APA that involve direct engagement between federal agencies and the general public, citizens have now been prompted to make agencies aware of harmful existing regulations currently in effect that have yet to be formally rescinded.

The notice-and-comment process is integral to circumscribing the rulemaking authority of federal agencies, as it not only provides an opportunity for the public to raise concerns over a particular rule, but legally mandates that agencies address those concerns when issuing a final rule.