An Investigation of Comments Provided by Public Agencies in Project Decision-Making

• In Event: Politics of Regulation

Abstract

Many government decisions involve consultation or review by outside actors. Comments received during the consultation process can improve the quality of rules and regulations by introducing distinct knowledge and providing scientific expertise to support decision-making processes. Previous studies have widely acknowledged the role of public participation in the notice-and-comment rulemaking process to ensure equitable treatment for individuals affected by rules and develop high-quality regulations. However, we lack general knowledge regarding comments provided by government agencies in the rulemaking process. When agencies act as outside consultants, they are expected to contribute their specialized knowledge and expertise to inform proposed actions. However, they may also extend their support beyond their designated responsibilities and offer insights that address broader public goals.

This research takes the case of the California Environmental Quality Act (CEQA), in which state agencies are welcomed to review projects in terms of their environmental impacts, to investigate whether and when comments provided by agencies raise concerns and offer insights that transcend their organizations’ missions. Our primary data source is the CEQAnet Web Portal, which provides information about projects submitted for CEQA review and comment letters that they have received from reviewing agencies. We employ ChatGPT to conduct content analysis to assess over 6000 comment letters provided by 28 state agencies in California during 2021-2023. Then, a project-level dataset is established by combining data on over 3,000 CEQA projects with the comment dataset to investigate which types of agencies are more likely to extend their focus beyond their designated responsibilities and prioritize public interests.

This study furthers our understanding of government agencies as consultants, sheds light on the scope and impact of agency contributions within the rulemaking arena, and offers recommendations for developing effective and relevant comments to help regulators optimize the decision-making process.

Author

• Jie Wang, Kansas State University
  Presenting Author