Category: Regulatory Developments

Labor Nominee Withdraws; Trump Names New Pick

Andrew Puzder, President Donald Trump’s nominee for Secretary of Labor, withdrew his name from consideration for the position. In his place, Trump has nominated R. Alexander Acosta, dean of the law school at Florida International University. Puzder released the following statement: “After careful consideration and discussions with my family, I am withdrawing my nomination for Secretary […]

Transition Goals of the Environmental Council of the States

States are watching the Trump administration’s revamping of EPA’s mission with either hope or trepidation or with a combination of both. Scott Pruitt, EPA’s administrator in the wings, has promised to pull back on the Agency’s dominating role in implementing federal environmental statutes and place more authority in the hands of the states, where, he […]

Does Trump’s Executive Order on Regulations Have Legal Legs?

Even nonlawyers have spotted the arbitrary nature of President Trump’s January 30, 2017, Executive Order (EO), Reducing Regulation and Controlling Regulatory Costs. Among other things, the EO directs that each executive agency identify 2 regulations to be repealed for each significant regulation it proposes in 2017. Why 2? Why not 1 or 5 or 10? […]

Bill Addresses Compliance Date for Ozone NAAQS

Republican lawmakers in both chambers, joined by Senator Joe Manchin (D-WV), have reintroduced a bill that would modify the timing of EPA’s mandated reviews of the National Ambient Air Quality Standards (NAAQS) for ozone. The Ozone Standards Implementation Act of 2017 would also push back the compliance date for the 2015 ozone NAAQS to 2025 […]

Trump’s Regulatory Freeze Delays DOT and OSHA Rules

Shortly after the inauguration of President Donald Trump, all executive branch departments and agencies were directed to freeze most pending regulatory actions in order to allow time for the new administration to review them. Two recent safety-related final rules are affected by the freeze.

Stream Protection Rule Disapproved by Congress

On Thursday, the Senate voted 54 to 45 to pass House Joint Resolution (J.R.) 38, disapproving the Stream Protection Rule (SPR), a major regulation 6 years in the making and issued by the Obama administration to protect streams from impacts from both surface and underground coal mining. The Senate vote followed passage, by 1 day, […]

Supreme Court Nominee Neil Gorsuch on Chevron and Renewable Energy

Senate Democrats are likely to fiercely resist confirming Neil Gorsuch to replace the late Antonin Scalia on the U.S. Supreme Court. On January 31, 2017, President Trump broke the national suspense by nominating Gorsuch to occupy the vacant seat. But Democratic resistance may be more a consequence of Republican refusal over almost a year to […]