e-Rulemaking: A new avenue for public engagement

Journal of Public Deliberation

Volumn 1, Issue 1, 2006, Pages

  Carlitz, Robert ^a   Gunn, Rosemary ^a  

^a Information Renaissance ^*  (United States)

Author keywords

E rulemaking; Online dialogue; Participation; Public engagement; Public involvement; Rulemaking

Indexed keywords

EID: 33645879221     PISSN: None     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (20)

1. E-Government Act of 2002 (Public Law 107-347), December 17, 2002. Online at .
2. Major subsidies were proposed to connect schools and libraries to the Internet. However, only two of the nation's 16,000 school districts responded to an FCC request for written comments, presumably because the Commission's announcement in the Federal Register did not reach these stakeholders.
3. Information Renaissance, "Comments, Reply Comments and Ex Parte Presentations," FCC Docket No. 96-45, In the Matter of Universal Service, August 1996. This docket is online at .
4. The online public forum (Information Renaissance, Universal Service/ Network Democracy On-line Seminar, August 1996) is at .
5. U.S. General Accounting Office, June 30, 2000. "Federal Rulemaking: Agencies' Use of Information Technology to Facilitate Public Participation," Report No. GGD-00-135R. Online at .
6. Administrative Procedure Act (US Code Title 5, Section 551 and following), June 11, 1946. Online at .
7. OMB Watch gives a summary at .
8. Examples of legislation: the Paperwork Reduction Act, the Small Business Regulatory Enforcement Fairness Act and the Unfunded Mandates Reform Act; court decisions: Weyerhauser v. Costle, 590 F.2d 1011, 1030-31 (1978, DC Circuit).
9. Portland Cement v. Ruckelshaus, 486 F.2d 375, 3939-94 (1973, DC Circuit),
10. cert. denied 417 US 921 (1974); executive orders: 12,291 and 12,886.
11. Several authors have discussed aspects of this development. For example: Brandon, B.H. and Carlitz, R.D., "Online Rulemaking and other Tools for Strengthening Our Civic Infrastructure." Administrative Law Review 54:4, 1421 (Fall 2002). Online at
12. includes a consideration of legal aspects of online rulemaking and the potential to enhance public involvement. Thomas C. Beierle, "Discussing the Rules: Electronic Rulemaking and Democratic Deliberation." Resources for the Future Discussion Paper 03-22, (April 2003). Online at
13. includes definition and discussion of online deliberation. Cary Coglianese, "E-Rulemaking: Information Technology and Regulatory Policy." Harvard University, John F. Kennedy School of Government, Regulatory Policy Program Report No. RPP-05 (2004). Online at
14. see in particular p. 25f. on "Institutional Challenges and Constraints." Noveck, Beth Simone, "The Electronic Revolution in Rulemaking." Emory Law Journal 53, no. 2 (Spring 2004). Online at
15. offers a vision of what e-rulemaking could become, but cautions that the current approach to software design may stand in the way of participation. Shulman, Stuart W., "The Internet Still Might (but Probably Won't) Change Everything: Stakeholder Views on the Future of Electronic Rulemaking." University of Pittsburgh (October 14, 2004). Online at reports on discussions of the development of e-rulemaking by focus groups that involved non-governmental organizations as well as government agency rule-writers and managers.
16. An early example is the facilitated online discussion on fire safety regulations held by the Nuclear Regulatory Commission in 1996 (outlined briefly at ). This process has received mixed reviews, perhaps as a result of its very ambitious goals, but was an interesting attempt to involve stakeholders prior to the notice and comment process, when public engagement could be particularly meaningful.
17. EPA eRulemaking Team memorandum, November 8, 2004. (Unpublished).
18. Regulations.gov links to a lengthy Federal Register Tutorial provided by the National Archives and Records Administration () that includes sections on rulemaking. However, it is not written as a guide for new users who plan to submit comments.
19. Felleman, J., 1999, "Internet-facilitated Open Modeling: A Critical Policy Framework." Policy Studies Review 16, 193-216. Online at .
20. eRulemaking memorandum, ibid.