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Interested parties frequently sue the rulemaking agency, asking the court to order the agency to reconsider.
For example, environmental groups may sue, claiming that the rule is too lax on industry; or industry groups may sue, claiming that the rule is too onerous.
For example, typically a legislature would pass a law mandating the establishment of safe drinking water standards, and then assign an agency to develop the list of contaminants and safe levels through rulemaking.
The rise of the rulemaking process itself is a matter of political controversy.
In the United States the Federal government is moving toward posting rulemaking dockets on-line at
Public comments are the heart of the public’s ability to participate in the rulemaking process.
The agency rulemaking is usually required to consider and publish a written response to all comments.
While the mechanics vary, these efforts follow the same pattern of an open rulemaking record, public publication of proposals, and an opportunity for public comment on those proposals before they are finalized.
Public participation requires some official method for the agency to communicate to the public.