Federal agencies want your input! In an effort to modernize regulatory review, the Office of Information and Regulatory Affairs (OIRA), part of the Executive Office of the U.S. Presidential Administration, released “Broadening Public Participation and Community Engagement in the Regulatory Process.” This memorandum, released on July 19, 2023, updates guidance federal agencies can utilize to better engage members of the public when developing federal regulations. Here are three things you need to know.
1. What Is Public Engagement?
Public Engagement is the participation of stakeholders in the federal law-making process. It is the federal government’s role to facilitate public engagement and create guidance and protocols for effective and meaningful public engagement. Effective and meaningful public engagement guarantees all stakeholders are made aware of and informed about proposed regulations before their comments and opinions are heard and the regulations are created.
2. Key Takeaways of the Public Participation Memorandum
Takeaway: Agencies must consider a wider scope of topics, with a focus on environmental justice.
The memorandum makes the federal government responsible for considering a wider scope of topics during the regulatory process. The regulatory process must now consider:
- Public health and safety
- Economic growth
- Social welfare
- Racial justice
- Environmental stewardship
- Human dignity
- Equity
- And the interests of future generations.
By increasing the scope of topics for consideration, the memorandum aims to create effective and meaningful public involvement that “can lead to more effective and equitable regulations; greater trust in government and democratic accountability; and increased public understanding of the regulatory process.”
Takeaway: Expands on President Biden’s Previous Executive Order.
The memorandum also implements and expands on President Biden’s Executive Order on Modernizing Regulatory Review, released April 6, 2023. The order is part of President Biden’s overarching goal of “advancing equity for all.” The Executive Order establishes incremental changes to long-standing regulatory processes in the hopes these small changes will be easily adopted and have a better chance of enduring future administrations.
Takeaway: There is the potential increase cost of public engagement, red tape, and delays.
New initiatives and the increased scope of duties assigned to federal agencies might increase the cost of public engagement in the future. Additionally, the increased scope might create more red tape and opportunities to hold up, or potentially delay, projects and regulations. While the goal is to create an equitable and efficient regulatory process, the effects of this executive order and memorandum are still speculative.
3. How Does This Impact NEPA?
NEPA is not specifically mentioned or amended in the memorandum or Executive Order. The actual impact to NEPA would depend on how agencies implement the memorandum and Executive Order. Going forward, it is likely agencies will emphasize the impacts of environmental justice and equity while being more conscientious about creating meaningful public participation.
Conclusion
At Scout, we take pride in our ability to clearly communicate our clients’ unique projects to the public. Public meetings are opportunities to represent our clients, explain the projects, and address public comments and concerns. Recently, Scout hosted a virtual public meeting for the Navy’s Proposed Eelgrass Expansion Project in San Diego Bay. Scout partnered with Navy staff to organize and present a clear and concise meeting. The meeting was hosted after work hours using web-conferencing software; additionally, the meeting was recorded, and live Spanish translation was made available to ensure all stakeholders could be involved. Contact us today for further assistance at hello@scoutenv.com.
Headquarters: San Diego
Staff Nationwide and in Hawaii