Comments in Response to the U.S. Department of Energy: Proposed Agency Guidance Rulemaking

The New Civil Liberties Alliance (NCLA) submits the following commentary in response to the Department of Energy’s (DOE) request for comment on NCLA’s August 2, 2019 petition for rulemaking. See Regulations Prohibiting Issuance, Reliance,or Defense of Improper Agency Guidance,Notice of Petition for Rulemaking,84 Fed. Reg. 50791 (Sept. 26, 2019) (DOE Notice of Petition and Request for Comment); see alsoid. at 50793-800 (DOE Petition for Rulemaking); Id.at 50798-99 (DOE Proposed Rule).

NCLA sincerely appreciates the agency’s willingness to consider NCLA’s DOE Petition for Rulemaking and Proposed Rule. DOE’s action on this petition signals that it is invested in meaningful regulatory reform that curbs abuses of administrative power—an issue central to NCLA’s mission. NCLA incorporates and readopts the facts and reasoning set forth in its DOE Petition for Rulemaking and Proposed Rule. This comment is intended to provide additional support for our Petition for Rulemaking and bring intervening actions to the attention of DOE that we believe reflect favorably on adoption of the DOE Proposed Rule.

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December 21, 2019