What Happened?

For about seven in 10 major rules issued without public input over the past 12 years, federal agencies invoked a legal shortcut called the "good cause" exception, according to a report released Sept. 4 by the Government Accountability Office (GAO), the nonpartisan congressional watchdog.

Under a law called the Administrative Procedure Act (APA), agencies normally must propose a rule, accept public comments, and then issue a final version. The good cause exception lets agencies skip that process when they judge it impractical, unnecessary, or against the public interest. For example, during a natural disaster or public health emergency. The GAO reviewed every major rule issued through that shortcut between Jan. 20, 2013, and Jan. 20, 2025, covering both interim final rules and direct final rules.

Why Does it Matter to Me?

When agencies bypass the standard comment process, businesses, workers, and ordinary citizens lose their formal chance to weigh in before a rule takes effect. That affects anyone regulated by federal rules, which covers industries from health care and banking to farming and energy.

The GAO report also found that one-third of these expedited major rules lacked any documented analysis of their economic effects. That means the public and policymakers often had no clear picture of what a rule would cost or save before it went into force.

A few other findings worth knowing:

* Agencies still asked for public comments on 99 percent of interim final rules, but those comment periods came after the rule was already in effect, limiting how much feedback could change the rule's core terms.
During the COVID-19 pandemic in 2020 and 2021, agencies rushed out numerous rules without the standard process, with many citing good cause.
* Outside of crisis years, agencies still issued between two and 10 major expedited rules per year.

Both Sides, Now

The GAO report does not take a political side, and the source material does not include on-record statements from Republicans, Democrats, or the White House responding to its findings.

The tension the report describes is procedural: supporters of the good cause exception argue it is a necessary safety valve that lets government respond quickly when waiting for public comment would cause real harm. Critics argue the data (a large share of expedited major rules invoking the exception across 12 years and multiple administrations) suggests the shortcut has become routine rather than reserved for genuine emergencies.

Congress wrote the APA and retains the power to tighten or clarify when the good cause exception may be used. The report does not recommend specific legislation, but it documents the pattern for lawmakers to consider.

What Happens Next?

The GAO released its findings to Congress, which can hold hearings, request agency responses, or draft legislation to narrow when the good cause exception applies. No hearing or bill has been announced in response to this report.

Agencies themselves could also tighten their own internal standards for invoking the exception, though the report does not record any agency commitments to do so.

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