An Act to Improve Public Understanding in Rulemaking (2005)
Like “takings,” this sneaky legislation has become a perennial issue. While the bill’s title sounds reasonable, its real purpose is to hinder the enforcement of law, and perhaps create opportunities for litigation, by making the rulemaking process more complicated. The original draft made that starkly clear by requiring only the Departments of Agriculture, Conservation, Environmental Protection and Inland Fisheries and Wildlife – the four state agencies with jurisdiction over fresh water – to document the sources of information used in drafting rules. The bill was amended to apply fairly to all agencies, but the fact remains that rulemaking is an open and deliberative process that already allows for public input and requires agencies to explain the basis for proposed rules.
