Institution Building for a Fact-Based Rulemaking Process

In recent years, several high profile administration rules have been overturned by the courts or withdrawn after a storm of public protest and comment. This suggests that federal agencies can improve their procedures and goals to ensure a strict adherence to fact-based approach as they issue and implement regulations. Agencies need institutional structures that ensure an educated workforce are given a voice, and continue to improve as experts in their field. They must also gather necessary data and information from appropriate stakeholders and have strong review procedures, both internally and externally. Federal rulemakings have widespread consequences. Without appropriate institutional policies and cultures, they run the risk of being systematically flawed.

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