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Comments on Taking Public Access to the Law Seriously

August 2015

Citation: 45 ELR 10786

Issue: 8

Author: Lois Schiffer

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.

Lois Schiffer is General Counsel for the National Oceanic and Atmospheric Administration (NOAA).

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