On August 10, 2017, Safer Chemicals Healthy Families; Alaska Community Action on Toxics; Environmental Health Strategy Center; Environmental Working Group; Learning Disabilities Association of America; Sierra Club; Union of Concerned Scientists; United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO/CLC (“USW”); WE ACT for Environmental Justice; Asbestos Disease Awareness Organization; and Vermont Public Interest Research Group filed suit in the Ninth Circuit of United States Court of Appeals for a review of the July 2017 Toxic Substances Control Act (TSCA) regulations promulgated by the EPA.
This executive order will create a task force and insert a regulatory reform officer (RRO) at each federal agency, to be appointed by agency heads.
Section 2 directs the head of each executive agency to designate a “regulatory reform officer” or RRO to oversee the implementation of regulatory reform initiatives. The order then lays out the specific initiatives that it wants the RRO to focus on:
- Executive Order 13771 of January 30, 2017: “Reducing Regulation and Controlling Regulatory Costs” (See our previous post on this E.O.)
- Executive Order 12866 of September 30, 1993: “Regulatory Planning and Review”
- Section 6 of Executive Order 13583 of January 18, 2011: “Improving Regulation and Regulatory Review”
Executive Order 12866, “Regulatory Planning and Review,” was signed by Bill Clinton and mandated that significant regulations be submitted for review to the Office of Information and Regulatory Affairs (OIRA) and Office of Management and Budget (OMB). Importantly, this E.O. set forth what is considered a “significant regulation,” as only significant regulations must go through this review and reporting process; however, this definition is rather broad:
This E.O. establishes a cap for number and cost of regulations for FY2017.
The “2-for-1” Swap (Sec. 2(a) and (c))
Section 2(a) outlines the “2-for-1” swap, where for every one regulation passed, two must be repealed. While the “2-for-1” idea seems simple, the new regulation (the “1”) will have to go through the notice-and-comment rule making procedures of the Administrative Procedure Act (APA) while the two regulations to be repealed (the “2”) have their own time consuming repeal procedures.
Sec. 2. Regulatory Cap for Fiscal Year 2017.
(a) Unless prohibited by law, whenever an executive department or agency (agency) publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed.
It is unclear whether there will be a pool of regulations targeted for revocation that will begin the process immediately, or if the agencies will wait to begin revocation until a new regulation is proposed. The real-world application of this directive depends on this guidance from the Office of Management and Budget (OMB).
Continue reading “Trump signed E.O., “Reducing Regulation and Controlling Regulatory Costs””
This memo freezes all regulations and guidances proposed or filed, but not yet in effect
This memorandum instructs the heads of Executive Departments and Agencies to (1) not submit any regulations to the Office of Federal Register without review by a department or agency head appointed by President Trump, (2) immediately withdraw those regulations submitted to the OFR but not yet published, and (3) postpone the effective date of published regulations that have not yet taken effect by 60 days. Regulations that affect critical health, safety, financial, or national security matters can be excluded by the OMB Director from the freeze
For context, under the Administrative Procedure Act, rules become effective at a minimum of 30 days after publication in the Federal Register. The Federal Register, created by Congress in the Federal Register Act of 1935, is the centralized publication system for the executive branch.
At the Washington Post, Chris Mooney reports that this freeze has a direct effect on four nearly finished rules for energy efficiency standards by the Department of Energy affecting portable air conditioners, walk-in coolers and freezers, commercial boilers, and uninterruptible power supplies. Continue reading “Priebus signed memo, “Regulatory Freeze Pending Review””