Effective Commenting in the Rulemaking Process: Tips for Strategic Advocacy

When
December 13, 2024 1:00 pm — 2:00 pm
Where
Webinar Only
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For the latest details on agenda, faculty, and more, please visit the event website for updates.

  • CLE Credits: ALI CLE programs are generally accredited in all MCLE jurisdictions. For details, visit the event site.
  • ELI members should contact events@eli.org for a coupon code for a 20% discount on registration (discount not valid in combination with any other offers/discounts, such as groups or government rates).
    • Scholarships are available for judges, judicial law clerks, law professors, law students, attorneys 65 or older, law librarians, attorneys who work for nonprofit organizations or legal services organizations, unemployed attorneys and attorneys in private practice who seek to learn skills that will assist them in pro bono activities or are in need. You must complete the online application to apply for assistance--pay particular note to deadlines for applications.
    • Go to the event site to find information on group registration savings.
    • Attorneys licensed for five years or less, or who are full-time employees of federal, state, or local governments qualify for an automatic tuition reduction of 20%. A limited number of full scholarships are available for these attorneys, but an application is required.
  • Date and Time: This course will take place from 1:00 PM to 2:00 PM Eastern Time (Noon to 1PM CT, 11AM to Noon MT, 10AM to 11AM PT) on December 13.
  • Format: This course is only available as a webcast.
  • PRESS requests should be addressed to press@ali-cle.org.
  • Questions may be addressed to ALI customer service at 800-253-6397 or custserv@ali-cle.org.

This conference is co-sponsored by ALI CLE and the Environmental Law Institute.


Why You Should Attend

Learn how to advocate for your clients by preparing persuasive comments on agency actions, including rulemakings and guidance!

When a government agency publishes a proposed regulation and solicits comments, the public has an important opportunity to inform the agency’s regulatory approach and influence the proposed regulation before it is finalized. A properly crafted and well-supported comment can persuade the agency to adopt your client’s preferred position on draft regulations, policies, programs, plans, studies, and reports. Not only will your potentially-impacted clients – whether you represent companies, organizations, or individuals – want the agency to take into account their viewpoints, they will also want to preserve their arguments for a judicial challenge.

The Supreme Court’s decisions last term in Loper Bright Enterprises v. Raimondo, Ohio v. EPA, and Corner Post v. Board of Governor, FRS may result in more parties seeking to engage with agencies through the public commenting process, not only in hopes of swaying the agency before a rule is finalized, but also to establish their positions for future litigation.

Don’t miss this unique opportunity to gain insights and best practices from counsel for the various stakeholders impacted by environmental regulation, a researcher behind the Public Comment Initiative, as well as a law professor who focuses on the intersection of administrative and environmental law.

What You Will Learn

In just one hour, you’ll learn how to submit effective and persuasive comments and gain insight into how agencies consider and respond to comments as they develop final rules. Get balanced perspectives on the “nuts and bolts” of commenting, what kinds of arguments are considered persuasive, how to build the record, and what you need to do in anticipation of litigation that could follow.

Topics include:

  • Strategy: How to plan, research, and gather relevant data to support your argument
  • How to say it: Organizing comments and what to say in them
  • What happens after a comment is submitted
  • Legal issues that inform the agency’s consideration of comments and its development of the final rule
  • The fall of Chevron deference and the impact of the Supreme Court’s decisions in Loper Bright, Ohio v. EPA, and Corner Post

Register now for this timely webcast!

Who Should Attend

Although taught specifically for environmental practitioners, attorneys who represent parties in any regulated industry will benefit from watching this webcast.

Schedule, Faculty, CLE & More

Please visit the event page for the latest information.