Environmental rulemaking across states: Process, procedural access, and regulatory influence

Rulemaking is central to policymaking in the United States. Additionally, regulatory authority is devolved to the states in many instances. However, our knowledge of state-level rulemaking is not as advanced as that related to federal rulemaking. To advance the scholarship on state rulemaking, this study compares environmental rulemaking across three environmental issues (renewable portfolio standards, concentrated animal feeding operation regulations, and hydraulic fracturing disclosure rules) in five states (California, Colorado, Michigan, North Carolina, and Pennsylvania) to understand procedural and stakeholder participation commonalities among the cases. Using data from public rulemaking documents, stakeholder comment during rulemaking, and in-depth interviews with agency staff and stakeholders, the findings suggest that there are common patterns of pre-process informal stakeholder consultation, public comment and outreach mechanisms, and corollary issues related to stakeholder access across these cases. These findings advance our knowledge of state-level rulemaking as it relates to public input and procedural equity for stakeholders.