Comments on Taking Public Access to the Law Seriously

摘要

Professor Mendelson's article is extremely important. Although I have worked on federal regulations and environmental law for over 40 years, until I read Professor Mendelson's article I had not focused on this critical issue. The idea that the government has a body of law that the public cannot access for free is quite startling from the perspective of the enforceability of federal rules, government transparency, and public access to material that may bind the public. It also raises serious questions about basic due process and fairness. I am in complete agreement with Professor Mendelson. If the government is going to use privately-developed standards as part of its rules, it is important that the public can review the standards and participate in those rules. I may go further than Professor Mendelson in adding that in order for there to be meaningful public comment, the government should make it a component of its use of private standards that the standards-developing entity maintain an adequate record and that the public has an opportunity to review the standard.