"Turning over to a chatbot the very nuts and bolts of the agency responsible for keeping the nation's highways safe may scare some people, but really, who can be better trusted to understand the unique challenge of transportation rulemaking than Road Rules/Real World Challenge champion Sean Duffy? Road? Rules? Challenge? It's all right there on his resume! This isn't necessarily a bad idea."
"Assuming the underlying expertise and science remains sound, AI tools actually excel at the job of converting technical information into approachable and readily comprehensible text. Rulemaking has always involved injecting relative clarity into complex information, a mission that's even more important in light of a Loper Bright world. Without judges deferring to agencies, there's even more urgency to eradicate ambiguities and deliver rules that even the most out-of-their-depth judges could understand."
The administration plans to use Google Gemini to draft federal transportation regulations. The plan transfers technical rulemaking tasks to AI, creating risks of hallucinations, loss of expert judgment, and politically driven outcomes. AI can translate technical detail into clear, accessible language and could improve rule clarity if paired with experienced legal and scientific review. Reduced judicial deference increases the need for unambiguous, well-documented rules. Enthusiasm among some officials contrasts with concerns about accountability, reliability, and the potential safety consequences for highways, aviation, and other transportation systems.
Read at Above the Law
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