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Appendix K: Guidelines for Comments on Proposed Agency Regulations and Other Actions

Guidelines for Comments on Proposed Agency

Regulations and Other Actions

 

    State and federal agencies frequently promulgate new rules that can affect coal mining regulation.  State and federal law generally require that agencies request comments from the public on proposed rules before they are promulgated in final form.  In addition, decisions on new permits or major revisions to existing permits, and on the decision to release a bond, generally require a pre-decisional public comment period.  Agencies may solicit comments on other proposals as well.    

    The public comment period offers a great opportunity for you to engage the agency regarding any concerns you may have about their proposed decision.  While it may at times seem frustrating to submit comments to an agency when you believe that agency officials have already made their decision, it is nonetheless important for the agency to know that the public is paying attention to their actions.  Moreover, the very process of engaging the agency offers you an opportunity to build a positive relationship with agency officials.  Over time, this will help you influence the way in which the agency views an issue and, more importantly, how they choose to resolve it.

    Set forth below are some guidelines for public comments that will help you develop a professional and constructive relationship with agency officials.  You may also want to explore the helpful guide to public notice and comment available in the Environmental Problem-Solving Tools series under the Resources tab on the Red Lodge Clearinghouse website:  www.rlch.org

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    1.  Use personal letterhead and business letter format.  (In the alternative, you can use a cover letter and include your comments as an attachment.)

 

    2.  Begin by introducing yourself and describing why you are offering comments.

 

    3.  Briefly characterize the regulation or proposal that is the subject of your comments.  This will help set the stage for your comments.  Try to characterize the proposal in a way that supports the comments you intend to make.

 

    4.  Summarize your comments.  Include positive, supportive comments, as well as negative comments.  If you are commenting on a proposal that seems somewhat complex, you may want to explain those parts of the rule for which you intend to offer comments.  (You can and probably should limit your comments to particular aspects of the proposal.)

 

    5.  Be sure that your summary succinctly states the ultimate point or points that you intend to make and what you would like the agency to do.

 

    6.  Organize your comments logically, and in a way that makes it easy for the agency to respond.  Often this means, embedding an outline within the text of your comments.  This allows the agency to understand and respond to your comments point by point.  Remember that your goal is to have the agency respond positively to your comments. 

 

    7.  Support your comments with –
    1. References to the relevant statutes and regulations and other legal authority to the extent it is available to you;
    2. Logic and common sense;
    3. Relevant policy arguments.  For example, if the solution you propose would be more efficient, or more protective of public health, safety, or the environment, be sure to point out these relevant facts.

 

    8.  To the extent possible, use information and arguments based upon personal experiences to bolster your comments.

 

    9.  The tone of your comments should be respectful.  You can disagree with the proposal – you can even strongly disagree – but don’t disparage the agency or the people who work for it.  For the most part, they are hard-working people who are trying to do the best job they can often under difficult circumstances (such as political pressure) even while dealing with complex issues.

 

    10.  Conclude by asking the agency to make appropriate changes to the proposal that you believe are warranted.  Be as specific as possible.  Try also to be realistic about what you can accomplish.  You may believe that the issue requires that you ask the agency to deny the permit or reject a rule in its entirety.  If so, you should not be afraid to ask the agency to take that action.  But consider whether you could live with some aspects of a decision, especially if the agency improves their decision in ways that you are suggesting.  This will make it more likely that the agency will pay attention to your comments.

 

    11.  Finally, if you do file comments, congratulate yourself for participating in the public process.  This is a civic duty that too many of us avoid.  We can build a better society if we all agree to engage decision-makers about important issues that might impact our communities.

 

For further advice see Elizabeth Mullin, The Art of Commenting: How to Influence Environmental Decisionmaking with Effective Comments (Environmental Law Institute, 2000).