Note: Although Scott Pruitt resigned in early July as Administrator of the EPA, his resignation does not withdraw or invalidate any of the actions discussed in this article. Acting Administrator Andrew Wheeler may change some proposals as they proceed through administrative review, but there is no indication that the goals of EPA under the present administration will change.

The efforts of Scott Pruitt’s EPA (Pruitt has since resigned) to terminate major programs have often ended in major failures in court. Other efforts, such as slowing down regulatory responses to emerging contaminant problems, or reducing the numerical precision required in effluent or emission compliance reports, could allow reductions in compliance with prior environmental standards and may be less open to judicial review. On the other hand, operating under such policies may create uncertainty for regulated companies and lead them to become enforcement “guinea pigs” in future citizen suits with dire business consequences. This article will examine these fast-moving and high stakes developments.

Statutory Constraints on Deregulation