ABSTRACT

Negotiated rulemaking is a process used in the United States to create federal regulations in which representatives of a sponsoring government agency and relevant stakeholders work together to develop a consensus recommendation for the content of a proposed rule. The all appropriate inquiries (AAI) process resulted in a standard that balances the goals of brownfields redevelopment and community revitalization with protection of public health and the environment and is rooted in the complex real-world conditions within which the AAI standard must be implemented. Negotiated rulemaking, sometimes referred to as regulatory negotiations, is a process for developing regulations that relies on stakeholders and government working together to develop consensus on the actual text of a proposed rule. The government agency is represented on the advisory committee, actively participates in committee negotiations and must be included in all consensus decisions. The interests of the environmental justice community were similar to those of the environmental groups.