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Seyfarth Synopsis: DOJ's regulatory agenda includes intent to conduct economic impact reviews of Title II and III 2010 regulations and re-examine the Title II website accessibility regulations.
Among the many interests of our brilliant law librarian, Susan Ryan, is reading the Federal Register Table of Contents for developments relative to our Firm's practices every day. The September 22, 2025, Federal Register contained a notice listing three items related to the regulations issued under Titles II and III of the ADA that caught her eye.
Two of the items are mandatory 10-year reviews to assess the economic impact of the ADA Title II and Title III regulations which the DOJ published in 2010. While Section 610 of the Regulatory Flexibility Act (5 U.S.C. § 610) (RFA) requires these reviews, it is curious that the DOJ is initiating the reviews now, five years later. It could be that the DOJ is just getting its regulatory house in order. Or it could be that it is using the review process to cut back on regulatory requirements. As you may recall, the DOJ just last month terminated two pending rulemakings about accessible equipment, accessible furniture and accessible routes in public areas to comply with Executive Order 14192.
The RFA process requires the DOJ to gather public comments and assess whether the rule should be maintained, modified, or rescinded based on factors set forth in the RFA. The Notice states the DOJ's intent to publish a Notice of Proposed Rulemaking (NRPM) to review the ADA Title II and Title III regulations at 28 CFR 35 and 36 on a "To Be Determined" timetable.
The third item concerns the DOJ's plan to issue a Notice of Proposed Rulemaking (NPRM) to "reconsider whether some of the regulatory provisions imposed by the April 24, 2024 rule" — which requires state and local government websites and mobile apps to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 AA — "could be made less costly." The timing for this NPRM is currently "To Be Determined."
Should we see any further movement on this from DOJ, or a timetable set, rest assured Susan will sound the alarm and we will update you all.
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