Common Pitfalls That We Help Clients Avoid
- Submitting general objections without citing the rule text or explaining real-world consequences
- Missing key deadlines, formatting requirements, or docket procedures
- Overlooking how a “minor” change could affect permitting, reporting, or enforcement exposure
- Failing to coordinate comments across facilities, trade associations, consultants, and internal teams
How Our Team Supports You From Start to Finish
Whether you need a rapid review or a fully developed filing, our attorneys can assist with:
- Identifying the provisions that create the highest operational or cost impact
- Collaborating with engineers and consultants to strengthen technical arguments
- Drafting persuasive narratives and proposed rule edits that are easy for reviewers to adopt
- Preparing supplemental materials (exhibits, calculations, declarations) that reinforce the record
- Coordinating follow-up communications and meeting preparation when appropriate
Need help deciding what to say—and how to say it—before the window closes? Contact McPherson Law Firm PLLC to discuss your goals and develop a comment plan tailored to your industry and timeline.
The Public Comment Period
When agencies and governments create new policies, they often fail to consider or simply don’t understand the particulars and concerns of any given business. Not surprisingly, proposed rules may simply be unworkable, even if the underlying intentions are sound.
As you decide whether or not to participate in rulemaking projects, consider the saying, “if you’re not at the table, you’re on the menu.” The policy may adversely affect your business operations, and your active involvement (i.e. understanding the proposed rule and submitting comments) could help you tailor it to your benefit or minimize its negative effects.
Furthermore, your competitors may be undertaking analysis themselves. If they succeed in adjusting policies to their benefit, the new regulations may entirely disregard your interests.
Here are four major rulemaking agencies that welcome your involvement during public comment periods:
This page lists current proposals along with their closing dates. When you click a rule, you have access to the complete text and the option to submit your information and comments.
Once agency staff members file recommendations with the Chief Clerk, commissioners vote on the proposal. If they approve the proposal, it moves to the Texas Register for public comment. On this site, you have access to each proposal, key due dates, and the portal you can use to submit comments.
Similar to the TCEQ process, opnce the commissioners approve a proposal, it moves to the Texas Register for public comment. On this site, you have access to each proposal, key due dates, and the portal you can use to submit comments.
Here, you can check the status of proposed rules within each policy chapter. If the comment period is still open, you have access to a link that takes you to a comment template.
Ready to make your voice heard? Contact McPherson Law Firm PLLC today to discuss how our environmental attorneys can help you develop and submit effective comments on proposed rules.
Frequently Asked Questions
When should a business begin reviewing a proposed environmental rule?
Businesses should begin reviewing a proposed rule as soon as possible after it is published. Early review allows time to identify potentially problematic provisions, consult technical professionals, assess operational impacts, and develop substantive comments before the deadline.
Can an environmental attorney help determine whether we should submit a comment?
Yes. An environmental attorney can evaluate the proposed rule and its potential effects on your business, facility, project, or industry. Counsel can also help determine which provisions warrant attention and whether legal, technical, or economic concerns should be raised during the comment period.
What types of environmental rules can businesses comment on?
Businesses may have opportunities to comment on proposed rules involving areas such as air quality, water resources, waste management, permitting, emissions, groundwater, and other environmental requirements. The specific procedures and opportunities depend on the agency and type of rule involved.
Can multiple businesses or organizations submit comments on the same proposed rule?
Yes. Individual businesses, trade associations, industry groups, consultants, and other stakeholders may submit comments when a rule is open for public participation. Multiple stakeholders may address different aspects of a proposal or coordinate their efforts when they share common concerns.
Should technical experts be involved in preparing environmental rule comments?
Technical input can be valuable when a proposed rule involves engineering, emissions, modeling, monitoring, operational, or other specialized issues. Working with qualified technical professionals can help support comments with specific information rather than relying solely on general statements about potential impacts.
Can proposed rule comments address the economic impact on a business?
Yes. Where relevant, comments can explain how a proposed requirement could affect operating costs, capital expenditures, staffing, permitting, production, or other business activities. Specific and well-supported information can help regulators better understand the practical consequences of a proposed rule.
Can a business suggest different language for a proposed rule?
Yes. Rather than simply explaining why a provision is problematic, a commenter may be able to propose alternative language or another approach that addresses the agency's objectives while reducing unnecessary burdens. Specific alternatives can give regulators a clearer path to consider during the rulemaking process.
What happens after the public comment period closes?
The agency generally reviews the comments received and may respond to substantive issues before adopting a final rule. Depending on the circumstances, the proposed rule may be revised, supplemented, or adopted in substantially the same form. The final process varies by agency and the type of rule involved.
Is submitting a public comment the same as challenging an environmental rule?
No. Public commenting occurs during the rulemaking process and gives stakeholders an opportunity to raise concerns before a rule is finalized. A legal challenge to a final rule is a separate matter that may involve different procedures, deadlines, and legal requirements.
Why is it important to preserve a record of comments submitted?
A detailed record can document the concerns a business or organization raised during the rulemaking process. Keeping copies of submitted comments, supporting materials, agency responses, and other relevant correspondence can be useful when evaluating the final rule and determining what additional legal or regulatory options may be available.
