The Art of Commenting.

• Author: Mintz, Joel A.
• Position: Review

It is an irony of modern life that laws designed to protect the natural environment and conserve natural resources often generate enough paperwork to fell a good many trees. Environmental laws typically mandate that federal, state, or local government agencies prepare reports, plans, regulations, studies, permits, guidelines, and numerous other paper documents, some of which are voluminous.(1) Similarly, those laws frequently require regulated parties to keep written records, conduct studies, or prepare reports, plans, and permit applications for submission to government officials.(2)

These documents, and the decisions that are based upon them, often have important implications for a wide range of institutions, communities, and individuals. They may affect human health and the environment, the profitability of private firms, the timing of important government activities, the livability of neighborhoods, or the relationships between or among different branches and levels of government.(3) As a result, numerous parties, including private citizens, environmental organizations, government officials, private corporations, and trade associations commonly prepare written comments on drafts and final versions of environmental documents. Those comments may be prepared in-house--before an early draft of the document is released--or in response to an opportunity for public comment and public participation that is provided by a government agency or department.

Elizabeth D. Mullin's new book, The Art of Commenting,(4) is a concise, thorough, thoughtful, and easy-to-follow guide to commenting on environmental documents. Ms. Mullin is an experienced environmental professional who has worked for a public interest group, the Environmental Protection Agency (EPA), and the private sector. Her work should provide considerable practical assistance to consultants, lawyers, supervisors, managers, nonprofit employees, citizen activists, students, agency staff members, corporate personnel, trade association staffers, and anyone else interested in participating effectively in the process of environmental decision making.

In straightforward prose, The Art of Commenting offers a sensible, step-by-step approach to reviewing and preparing comments on environmental documents. The introductory chapter sets the stage by describing both the purpose and structure of the book itself and the typical review-and-comment process (both inside and outside of government agencies).(5) The author notes the extraordinary significance of commenting in environmental law and the important role played by environmental attorneys in the commenting process.(6) She also makes sound suggestions for finding, selecting, and using environmental legal assistance.(7)

Preparing to comment on environmental documents may be...