Good Cause for Goodness’ Sake: A New Approach to Notice-and-Comment Rulemaking

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Public participation in rulemaking has significantly diminished due to procedural burdens and technological issues, undermining its democratic intent.
The note suggests utilizing the good cause exception from the APA to streamline the process, enhancing accessibility and effectiveness in agency rulemaking.
Prior judicial decisions have placed undue resource constraints on administrative agencies, hampering their governance capabilities through notice and comment.
The proposed method emphasizes using modern engagement tools to foster genuine public input while avoiding the need for new legislation or judicial interventions.

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This Note demonstrates how the good cause exception can enhance public participation in rulemaking, pointing to existing engagement tools.

Hazel Rosenblum-Sellers (2025) studied this question.

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This Note demonstrates how the good cause exception can enhance public participation in rulemaking, pointing to existing engagement tools.