Overnight Regulation: Trump’s 2-for-1 reg order challenged in court

Welcome to Overnight Regulation, your daily rundown of news from the federal agencies, Capitol Hill, the courts and beyond. It’s Wednesday evening here in Washington.

Here’s the latest.

 

THE BIG STORY

Liberal groups are taking legal action against an executive order from President Trump that directs federal agencies to repeal two regulations for each new rule they issue.

The Natural Resources Defense Council (NRDC), the Communications Workers of America (CWA) and Public Citizen on Wednesday sued Trump in the U.S. District Court for the District of Columbia on Wednesday, seeking to block the so-called 1-in-2-out executive order.

The groups argue that Trump’s Jan. 30 order exceeds his authority under the Constitution and will block important health, safety and environmental protections without taking the benefits of those rules into account. 

Chris Shelton, president of CWA, a union, said workers shouldn’t be required to “trade off one set of job, health and safety protections in order to get protection from another equally dangerous condition.”

{mosads}White House press secretary Sean Spicer, though, defended the order, and said the lawsuit “presumes a lot of outcomes that are wildly inaccurate.”

Trump has vowed to repeal 75 percent of all federal regulations, a tall task considering that there are more than 178,000 pages of rules in the Code of Federal Regulations. Many of the regulations were written to carry out laws passed by Congress.

The president’s 1-in-2-out order is part of his larger plan to roll back not only controversial regulations from the Obama administration, but also outdated regulations that remain in the government’s rulebook decades after they were issued.

Other countries — including Canada, Australia and the United Kingdom –have implemented similar policies.

“This isn’t a knock on President Obama; this is a knock on many presidents preceding me,” Trump said last week from the Oval Office when he signed the order.

Administration officials characterized the executive order as the “most significant administrative action in the world of regulatory reform” since President Reagan was in the White House.

Trump also issued a regulatory moratorium the day of his inauguration, prohibiting agencies from issuing new rules until his Cabinet members have a chance to review them. The moratorium also ordered agencies to delay recently issued regulations, and pull back those rules that were sent to the Federal Register for publication.

Many of Trump’s actions on regulations are expected to face legal challenges, with liberal groups vowing to spend millions battling his administration in court. 

In addition to the complaints filed Wednesday over the president’s 1-in-2-out order, Trump is also battling a lawsuit over the travel ban he signed temporarily banning entry to the United States from seven countries.

Robert Weissman, president of Public Citizen, said Trump’s order on removing 2 regulations for every new rule is “irrational.”

“If implemented, the order would result in lasting damage to our government’s ability to save lives, protect our environment, police Wall Street, keep consumers safe and fight discrimination,” Weissman said in a statement.

“It would fundamentally change our government’s role from one of protecting the public to protecting corporate profits,” he added.

Click here for the full story.

 

ON TAP FOR THURSDAY

The Senate Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management will hold a hearing on Thursday on “Empowering Managers: Ideas for a More Effective Federal Workforce.” 

 

TOMORROW’S REGS TODAY

President Trump’s regulatory moratorium is delaying new rules for farmers and protections for guitarfish in Thursday’s edition of the Federal Register.

Keep an eye out for these rules:

–The U.S. Department of Agriculture (USDA) will delay new rules for farmers.

The USDA issued requirements for organic livestock and poultry on Jan. 19, the day before President Trump’s Inauguration. The rules cover handling requirements and address the living conditions of these animals. 

Trump’s regulatory moratorium calls for rules that were published in the Federal Register but have not yet taken effect to be delayed.

The rules will be delayed until May 19.

–The National Marine Fisheries Service (NMFS) will delay new protections for guitarfish.

The NMFS listed the blackchin guitarfish and common guitarfish as threatened species on Jan. 19, but the protections will not go into effect until March 21 to comply with Trump’s regulatory moratorium.

–The Fish and Wildlife Service (FWS) will propose new hunting regulations.

The bird hunting regulations will establish rules for the dates, times and number of birds that can be shot during the upcoming season.

The public has 30 days to comment.

 

NEWS RIGHT NOW

Trump, judges on collision course

Feds, states face off in court over Trump’s travel ban

Trump sued over ‘1-in-2-out’ regulations order

Dems: Don’t repeal offshore tax rules

Obama Interior chief slams Trump’s decision on Dakota Access

Fed’s top attorney Alvarez to retire

Ex-officials try to pitch carbon tax to GOP

Deregulation supporter named head of FTC consumer protection bureau

White House eyes energy veterans for adviser roles

Key conservative open to insurer payments during ObamaCare transition

CEO confidence near-record high. Why? Trump’s war on regulation (CNBC) 

Trump fixes flaw in post-crisis regulatory crackdown (Wall Street Journal) 

The business lobby’s hypocritical, one-size-fits-all answer to regulation: No (Washington Post op-ed)

Under new Trump chairman, FCC means business (The Hill op-ed)

 

BY THE NUMBERS

9: Final rules

2: Proposed rules

(Thursday’s Federal Register)

 

QUOTE OF THE DAY

“It would fundamentally change our government’s role from one of protecting the public to protecting corporate profits,” said Robert Weissman, president of Public Citizen, speaking about Trump’s 1-in-2-out executive order for regulations. Public Citizen was one of the groups which sued the administration over the order on Wednesday.

 

We’ll work to stay on top of these and other stories throughout the week, so check The Hill’s Regulation page (http://digital-staging.thehill.com/regulation) early and often for the latest. And send any comments, complaints or regulatory news tips our way, tdevaney@digital-staging.thehill.com or lwheeler@digital-staging.thehill.com. And follow us at @timdevaney and @wheelerlydia.

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