Public Hearings in the United States

Public Hearings in Environmental Law

Some agency proposals affect not only the person directly involved, but also the community or other members of the public. For that reason, proposals are published and contain a means of asking for a hearing. Members of the public may request hearings, attend them, and present evidence concerning the issue.

An example: if a industry wants a permit to discharge pollutants into a river, the public may want the opportunity to support the industry or argue against the permit. The EPA will accept comments on proposed permits, but it may also determine that a public hearing is warranted. If a hearing is held, a hearing officer will go to the community and hold an open forum. Later, recommendations will be made concerning the action.

Rulemaking

The EPA, as well as other agencies, issues rules. Some merely interpret or clarify an agency position. Other rules become the law; they are called legislative rules. Legislative rules must go through a notice and comment period.

The primary reason rulemaking is restrained through the notice and comment requirement is that administrative agencies are not elected officials so are not directly accountable to the public. Public notice and opportunity to comment on rules keeps the agency from acting in a vacuum and provides a record that a court can review later to determine whether the rule is arbitrary and capricious.

Informal hearings on proposed rules are common. The proposal is published along with the basis and purpose of the rule. Then the public is informed about how to submit comments. A public hearing may or may not follow. If the statute requires a formal hearing, one must be held, and this type of hearing then becomes a part of the record. In either situation, the agency must consider and respond to comments submitted at the end of the process.
Based on “Environment and the Law. A Dictionary”.