Subregulatory Guidance Tracker
Federal agencies sometimes create policies or alter regulations without submitting these changes to a formal review process as required by federal law. They do so by claiming these policies are simply clarifications of existing law, and issue them in the form of “Dear Colleague” letters, bulletins, memos, circulars, examples, etc., which together are often referred to as “guidance.”
More than 100,000 pieces of guidance exist, but most are not easily found online.
In this tracker, you will find summaries of suspect guidance, with links to their text and related information. Criteria for listing guidance is available here. If you are aware of guidance not listed here that you believe might be illegal rulemaking, please contact us.
You can search for guidance updates by agency using the drop down below or by keyword using the search function.
Agencies
- Center for Medicare & Medicaid Services 3
- Centers for Medicare & Medicaid Services 2
- Council on Environmental Quality 1
- Department of Agriculture 6
- Department of Education 9
- Department of Health & Human Services 2
- Department of Health and Human Services 7
- Department of Justice 5
- Department of Transportation 2
- Department of the Interior 1
- Environmental Protection Agency 5
- Occupational Safety and Health Administration 1
- Office of Civil Rights 2
- Office of Land and Emergency Management 1
- Office of Management and Budget 1
- US Equal Employment Opportunity Commission 1
Programs/Issues
- Americans with Disabilities Act 2
- Bostock v. Clayton 2
- Bureau of Ocean Energy Management (BOEM) 1
- CHIP 1
- Children's Health Insurance Program 5
- Civil Rights 5
- Criminal Justice 1
- Disability 2
- Discrimination 4
- EEOC 1
- Education 1
- Electronic Benefit Transfer (EBT) Program 1
- Environment 8
- Environmental Justice 1
- Federal Financial Assistance 1
- Federal Funding 1
- Federal Grants 1
- Food and Nutrition Service 2
- Gender Identity 3
- Healthcare 1
- Indigenous Knowledge 1
- Individuals with Disabilities Education Act 2
- Justice 1
- Medicaid 8
- NOAA Fisheries 1
- OSHA 1
- Office of Civil Rights 5
- Recycling 1
- SNAP 4
- Section 504 2
- Small Business 1
- Social Determinants of Health 1
- State Freight Plans 1
- Students 4
- Title IV 1
- Title IX 4
- Transportation 2
- courts 1
- environmental justice 2
Have you seen guidance issued that others should be aware of? Share the details via our Guidance Spotting form.
EJ Action Plan: Office: Building Up Environmental Justice in EPA’s Land Protection and Cleanup Programs
This document provides a detailed strategy to advance environmental justice.
EPA Legal Tools to Advance Environmental Justice: Cumulative Impacts Addendum
The document, prepared by the Office of General Counsel, builds upon the 2022 EPA Legal Tools to Advance Environmental Justice, emphasizing the importance of considering cumulative impacts in regulatory and decision-making processes.
EPA Legal Tools to Advance Environmental Justice
This document from the Environmental Protection Agency (EPA) reviews legal authorities under various environmental and civil rights statutes to advance environmental justice and equity, and gives recommendations for how to integrate these federal priorities into state-administered programs.
Lithium Battery Recycling Regulatory Status and Frequently Asked Questions
Responding to the increased use of lithium-ion (Li-Ion) batteries, the Environmental Protection Agency released guidance designating spent batteries as hazardous waste.
Principles and Best Practices for Oversight of Federal Environmental Programs Implemented by States and Tribes
The memo from Environmental Protection Agency (EPA) Administrator Michael Regan directs how administrators should oversee federal programs implemented by states, adding a focus on justice and equity.
Guidance on State Freight Plans and State Freight Advisory Committees
State Freight Plans and State Freight Advisory Committees updates requirements from the Infrastructure Investment and Jobs Act (IIJA) for State Freight Plans and strongly encourages adoption of Biden administration goals not required by statute.
Expanded Rice’s Whale Protection Efforts During Reinitiated Consultation with NMFS
The Department of the Interior Bureau of Ocean Energy Management (BOEM) released a “voluntary” list of “recommendations” and “guidance” for vessels engaging in oil and gas exploration in the Gulf of Mexico Outer Continental Shelf.
Indigenous Knowledge
The Council on Environmental Quality issued federal government-wide guidance directing all agencies to incorporate indigenous knowledge in federal research, policy, and decision making.