During his 2016 campaign, President Donald J. Trump frequently criticized the number and breadth of federal regulations as unduly restricting free market activities. Environmental regulations were particularly targeted, with the Waters of the United States (WOTUS) rule and the Clean Power Plan regulations leading the list. True to his campaign promises, President Trump has issued several executive orders designed to slow or stop the promulgation of new regulations and begin the process to revoke or modify existing regulations, including the WOTUS and Clean Power Plan rules. Congress has walked in lockstep by, among other things, using its authority under the Congressional Review Act to repeal the Stream Protection Rule limiting surface mining near waterbodies. Further executive and congressional actions can be expected.
Notwithstanding the administration’s goals, regulatory reform cannot be accomplished by executive action overnight. Revisions to federal regulations may be made only following notice and comment, which may involve a several-year process for technical, science-based environmental rules. Where the scientific consensus provides strong support for existing regulations, the administration may struggle and potentially fail in its effort to find a scientific basis for a regulatory change.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]