Hidden Politics? Assessing Lobbying Success During US Agency Guidance Development

Abstract

Abstract I test the proposition that interest groups achieve greater policy success when they lobby during the agency guidance document development process as opposed to the notice and comment process. Policymaking via guidance documents often receives lower levels of public attention, which provides greater flexibility to accommodate lobbying requests. I analyze the hypothesis during the creation of 41 rules by one US government agency—20 of which were promulgated using the notice and comment process and 21 via the guidance document process. I measure regulatory policy change using a content analysis of government documents and lobbying texts, and I also incorporate a telephone survey of interest groups who lobbied on these same rules. I find that interest groups perceive—and achieve—greater policy success when lobbying during the agency guidance process. The results yield new insights into the relationship between lobbying and regulatory policymaking.