Overnight Regulation: Animal groups fight for missing USDA records | Trump begins review of car emissions standards

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, where the big question is: Who leaked President Trump’s tax returns? Speculation is swirling.  

 

THE BIG STORIES 

Animal rights groups are up in arms over the thousands of animal welfare documents missing from the U.S. Department of Agriculture’s (USDA) website.

The agency is facing two separate lawsuits from activist groups demanding that it restore the records in full — documents that include animal welfare violations at zoos, by breeders and in research labs.

The USDA said it removed the records on Feb. 3 because it is involved in litigation, saying “in an abundance of caution” it was “taking additional measures to protect individual privacy.”

As The Washington Post first reported, a Tennessee walking horse organization called Show sued the USDA in 2016, along with a Texas couple, over public records they claimed falsely identified people as having violated the Horse Protection Act (HPA).

About a month after the records were removed, Show and the couple dropped their lawsuit, saying they achieved their main objective.

Jeffrey Howard, a board member of the horse event that owns Show, said he doesn’t know why the agency went as far as it did.

“That lawsuit had nothing to do with Animal Welfare Act records,” he said. “It had to do with Horse Protection Act records, so they were vastly different things.”

The HPA prohibits people from entering a “sore” horse in a show — those with cuts, bruises, soreness or scarring from breeders, owners or trainers intentionally inflicting pain to a horse’s legs or hoofs to exaggerate the high-stepping gait they are judged on when shown.

But in removing records of HPA violators and those who had been accused of HPA violations, the USDA also took down its entire database of inspections and enforcement actions under the Animal Welfare Act (AWA).

The AWA sets standards for the humane care and treatment of animals that are exhibited to the public, bred for commercial sale, used in medical research or transported commercially.

In a lawsuit filed in the Northern District of California, the Animal Legal Defense Fund — along with Stop Animal Exploitation Now, the Companion Animal Protection Society and Animal Folks — argued that these documents need to be public to effectively fight animal abuse and monitor the agency’s regulatory efficacy.

People for the Ethical Treatment of Animals (PETA) and five other animal rights advocacy groups have also filed a lawsuit in the District Court for the District of Columbia.

Read the full story here.

 

President Trump formally began the process of reviewing the Obama administration’s strict emissions standards for vehicles on Wednesday, telling manufacturers in Michigan that the decision would grow jobs and help their bottom lines.

During a speech outside of Detroit, Trump told auto executives and workers that he had reopened an assessment of the feasibility of the emissions standards, which the Obama administration had upheld in January.

“We are going to cancel that executive action; we are going to restore the originally scheduled midterm review,” Trump said.

“We are going to ensure that any regulations we have protect and defend your jobs, your factories. We’re going to be fair.” 

Department of Transportation (DOT) and Environmental Protection Agency (EPA) officials filed paperwork Wednesday to formally reopen the review the standards, which set a goal of an industry-wide fuel economy standard of 54.5 miles per gallon by 2025. 

That review will reconsider the Obama administration’s January determination that automakers should continue to abide by that standard. The auto industry has opposed that decision and considers the goal too expensive and difficult to reach given Americans’ vehicle-buying habits.

The Hill’s Devin Henry has more here. Blue states, though are rushing to block Trump’s rollback. The Hill’s Reid Wilson has more on that here.

 

ON TAP FOR THURSDAY

The House Judiciary Subcommittee on Courts, Intellectual Property and the Internet will hold a hearing to discuss the idea of restructuring the 9th Circuit Court of Appeals. 

The House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies will hold a hearing to discuss early childhood education programs at the Department of Health and Human Services. 

The House Natural Resources Committee will hold an oversight hearing to discuss innovative infrastructure ideas for the National Park Service and Forest Service.

 

TOMORROW’S REGS TODAY

Keep an eye on these rules in Thursday’s edition of the Federal Register.

–The Commodity Futures Trading Commission (CFTC) will delay new rules for swap dealers.

The CFTC proposed new capital requirements for swap dealers last December, but will extend the comment period to give the public more time to consider the changes.

The public now has until May 15 to comment.

–The Environmental Protection Agency (EPA) will delay Obama-era clean air requirements.

The EPA issued new rules to prevent the accidental release of chemicals in January, but will delay the effective date as the Trump administration reconsiders the rule.

The rule is now scheduled to go into effect on June 19.

–The Federal Motor Carrier Safety Administration (FMCSA) will consider allowing eight truck drivers who suffer from seizures to operate commercial motor vehicles between states.

These drivers have been diagnosed with epilepsy for a similar condition, but are taking “anti-seizure medication” to control the problem. If the FMCSA determines they are not a danger on the roads, the agency could exempt them from federal regulations that would otherwise prohibit them from getting behind the wheel.

The public has 30 days to comment.

 

NEWS RIGHT NOW

Trump begins review of Obama emissions standards for cars

Blue states rush to block Trump’s emissions rollback

Sierra Club wants EPA head investigated over climate comments

Senators push for broadband study

Senators wrestle with drones flying near airports

Dem lawmakers propose bill to regulate drone data collection

Senator asks DHS for plans to treat election infrastructure as critical

Trump administration to score agencies on cybersecurity

Trump officials ask energy companies about Paris climate pact

House GOP group calls for action on climate change

Senate nixes Obama-era drug testing rule

Trump’s Labor nominee picks up Democratic vote

Fed raises interest rates 0.25 points

Legal battles to watch over president’s new travel ban

Blackrock says roll-back of regulation currently a bad idea (Reuters) 

This secret weapon could kill needless regulation (Bloomberg) 

CEOs embrace Trump’s attitude toward regulation (Bloomberg BNA) 

 

BY THE NUMBERS

2: Proposed rules

6: Final rules

(Thursday’s Federal Register)

 

QUOTES OF THE DAY

Eye doctors and online retailers are dueling over a Federal Trade Commission (FTC) rule that makes it easier for people to buy contact lenses over the Internet. Take a look:

“Eye doctors are one of the only healthcare providers who sell what they prescribe. If you go to a regular doctor, they don’t walk you out into the lobby and sell you medicine. That’s an inherent a conflict of interest. They should not profit off of what they prescribe,” says Lens.com founder Cary Samourkachian.

“We’re talking about a company accusing doctors of trying to make more money. The top priority for an eye doctor is the patient’s health, so they will choose the right contacts for them. The other side isn’t responsible for the patient’s health. Their sole responsibility is to their shareholders,” says American Optometric Association spokesperson Deirdre Middleton.

You can read the full story on the fight on Thursday at TheHill.com.

 

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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