AI Push in Rulemaking Adds New Legal Risks for Federal ...

Former federal officials have warned that the US government's use of artificial intelligence in rulemaking could create legal risks, including the possibility that agency actions are overturned in court. The warning comes as several agencies in President Trump's second term are using or testing AI to manage public comments, according to the article. The officials' statement highlights a growing area of concern as federal agencies begin to incorporate AI tools into their administrative processes.

The officials' concern centres on the use of AI in the public comment period and the potential effect on the administrative record. When agencies rely on AI to manage comments, the resulting record may be open to legal challenge. Courts could question whether the agencies adequately considered the public's views, which could lead to rules being overturned or sent back. The article presents this as a legal risk rather than a confirmed outcome, with the danger coming from how AI is used in handling comments.

The article reports that the warning comes from former federal officials, indicating experience with government rulemaking and judicial review. It also notes that several agencies are already using or testing AI for comment management during President Trump's second term. The piece frames the matter as a new source of legal uncertainty for the federal government. Over time, courts may be asked to decide how existing administrative procedure requirements apply to rules developed with AI assistance.