Trump's Deregulatory Agenda Is an Assault on Climate-Threatened Communities

by David Flores | July 27, 2017

Late last week, we shared our first take on how the Trump administration's 2017 deregulatory agenda threatens to knock the wheels off of agency efforts to protect workers, consumers, and vulnerable populations – like children and homeless families – from air pollution, flooding, and explosions in the workplace, among other hazards. After some additional research, we have also found that the administration's agenda takes aim at safeguards for victims of disasters, such as communities that face the threat of displacement or relocation caused by climate change, and at programs that enhance community resilience in the rural areas that President Trump counts among his base of support. 

Several federal agencies – including the Departments of Housing and Urban Development (HUD), Agriculture, and the Interior, to name a few – play a crucial role in implementing federal climate adaptation policies. Yet, across the board at all of these agencies, their regulatory agendas have been turned upside down. Among other things, they now contain several withdrawn, inactive, sidelined, and even newly proposed rulemakings that are likely to make relocation of climate-threatened households even more burdensome and the prospect of recovery grimmer for disaster-stricken rural communities. Here is a brief rundown of several of those pending actions.

Trump's Unified Agenda: Sending the Energy Sector Back to the Dark Ages

by Hannah Wiseman | July 26, 2017
President Trump's first Unified Agenda of Regulatory and Deregulatory Actions, released last week, aims to cut regulations across the board, but the broad swath of energy programs and regulations under the ax is particularly notable. The U.S. energy sector, finally catching up with the rest of the world, has modernized by leaps and bounds in recent years with the help of limited but targeted governmental support. But Trump's agenda would bring this all to an abrupt halt and send us ...

Pending House Bill Would Drastically Limit State Protections for Public Health, Safety, Environment

by Emily Hammond | July 25, 2017
The newest dangerous proposal filtering through Congress is H.R. 2887, the "No Regulation Without Representation Act of 2017." Packaged as a prohibition on states regulating outside of their borders, the bill is a Trojan horse that usurps the states' role in the federal system and threatens their ability to protect their own citizens from harm. The House Committee on the Judiciary's Subcommittee on Regulatory Reform, Commercial and Antitrust Law is taking up the bill in a hearing today, July 25, ...

Is OSHA Out of the Worker Protection Business?

by Katie Tracy | July 24, 2017
When President Trump released his spring Unified Agenda last week, he made it abundantly clear that he has no interest in protecting workers from occupational injuries and diseases. The White House released the agenda amid what it called “Made in America” week, but instead of recognizing workers and advocating for safe and healthy jobs and fair wages, Trump brought manufacturers to the nation’s capital to show off their products. When it comes to working families, Trump is ignoring what should ...

OSHA to Expand Voluntary Protection Programs without Assessing Benefits to Workers

by Katie Tracy | July 21, 2017
On Monday, July 17, the Occupational Safety and Health Administration (OSHA) convened a public meeting to hear input from stakeholders about how the agency might grow and strengthen its Voluntary Protection Programs (VPP). Given the change in administration, the announcement was no surprise.  Growing the VPP had also been a priority of the George W. Bush administration, during which time OSHA made plans to add thousands of new participants despite having no evidence the program improved worker health and safety. ...

Benefits Lost: The Blueprint for the Trump Administration's Assault on Our Safeguards

by James Goodwin | July 20, 2017
Early this morning, the Trump administration released its Spring 2017 Regulatory Agenda, which outlines the regulatory and deregulatory actions the administration expects to take over the next 12 months. Because it is the first of the Trump administration, this document is particularly significant. By comparing it with the last Regulatory Agenda of the Obama administration, which was released in fall of 2016, we are able to see what pending regulatory actions the Trump administration has abandoned or delayed. Only a ...

New Analysis Exposes the Trump Administration's Rulemaking Delays

by Rena Steinzor | July 19, 2017
Early in the Trump administration, news about delayed and "disappeared" rules emerged in several media outlets. Many of these delays were driven by a memo issued by Trump White House Chief of Staff Reince Priebus on January 20, 2017, which "froze" the implementation of rules until March 21, 2017, so that a representative of the administration could review them. Freezing rules for a limited amount of time is standard practice for newly inaugurated presidents. But the White House and agency ...

Trump's EPA Budget Plan Would Harm Many Everyday Americans

by Joel Mintz | July 11, 2017
Imagine that a hostile foreign power covertly manipulated our democracy and government to impose on Florida and other coastal states heightened risks of catastrophic sea level rise and an intensification of hurricanes, floods, droughts, and diseases carried by insects and parasites. Suppose, too, that the same foreign government then set about to demolish the work of American institutions that prevent serious diseases and avoidable deaths to our people. Without doubt, we would regard those acts as threats to our national ...

Trump's 'Small Business' Office Solicits Update for Anti-Safeguards Propaganda

by James Goodwin | July 06, 2017
Late last Thursday, the Small Business Administration's (SBA) Office of Advocacy announced that it was soliciting proposals for "small business research" projects. The solicitation – and particularly the category of topics that the SBA Office of Advocacy has selected for potential research projects – offers one of the first clues on how this obscure but powerful office is likely to operate under the Trump administration.  The SBA Office of Advocacy is a small and unusual office within the federal government ...

Murr v. Wisconsin: The 'Whole Parcel' Rule Prevails, At Least in This Regulatory Takings Case

by Robert Glicksman | July 05, 2017
Originally published by the George Washington Law Review How should a court assessing a regulatory takings claim define the "property" allegedly taken to assess the degree of the economic impact the regulation has on it? That question has plagued the Supreme Court for nearly a century, with different and conflicting answers emerging, sometimes in relatively rapid succession. In Murr v. Wisconsin,[1] the Court has provided its most comprehensive answer to the so-called "denominator" question so far, although even the analytical framework ...

No Way to Make a Sausage

by Matthew Freeman | June 29, 2017
As appalling as the first five months of the Trump presidency have been to those of us who care about public policy and good government, we can't claim to be surprised. As Hillary Clinton memorably explained to historians last summer in Philadelphia, "There is no other Donald Trump. This is it." But what has been a surprise is how bad this Congress has been at legislating. Paul Ryan and Mitch McConnell are hardly newbies to the Washington scene or the ...

The Most Important Revolving Door You've Never Heard Of

by James Goodwin | June 29, 2017
Earlier this week, Axios and Greenwire ($) reported that international oil behemoth BP is bringing on a new lobbyist to work on "[r]egulatory reform advocacy related to Federal energy and environmental rules," as described in the required lobbying disclosure statement. That in itself is hardly news. What makes this story remarkable is who the lobbyist is, or in this case, was. Nathan Frey, who appears to be the only partner with the lobbying firm Regulatory Strategies and Solutions Group, used ...

Repeal First, Explain Later: The Trump Administration and the Clean Water Rule

by Dave Owen | June 28, 2017
Originally published on Environmental Law Prof Blog by CPR Member Scholar Dave Owen. EPA and the Army Corps of Engineers just released a proposal to repeal the Clean Water Rule and to return to previous regulations. The Clean Water Rule (also known as the WOTUS Rule) would have clarified the scope of federal regulatory jurisdiction under the Clean Water Act. It was one of the Obama administration's signature environmental initiatives, and it was one of candidate and then President Trump's signature targets. So the ...

New Report: With Assault on Safeguards, Trump Trounces Constitution, U.S. History

by James Goodwin | June 21, 2017
Today, Neomi Rao is likely to take one step closer to becoming the Administrator of the Office of Information and Regulatory Affairs (OIRA) – that is, the Trump administration's "regulatory czar" – with the Senate Homeland Security and Governmental Affairs Committee expected to favorably report her nomination to the Senate floor for a final confirmation vote.  As detailed in an April 2017 CPR report on her nomination, Rao would arrive at her new position with little substantive expertise related to ...

CPR Scholar Op-Eds Hit Assault on Our Safeguards from Trump and Congress

by Matthew Freeman | June 19, 2017
Four recent op-eds by CPR Member Scholars underscore the scope and danger of the current assault on our safeguards now being mounted by the president and the congressional leadership. Highlights of the most recent pieces follow, but you can always browse through all of this year’s published pieces from our scholars and staff on our website. On May 17, Alyson Flournoy and Mary Jane Angelo, colleagues at the University of Florida Levin College of Law, co-authored “Without Public Protections, Florida ...

New York Times Op-ed: Regulatory 'Reform' That Is Anything But

by William Buzbee | June 15, 2017
This op-ed originally ran in The New York Times. After decades of failed efforts to enact "regulatory reform" bills, Congress appears to be within a few votes of approving reform legislation that would strip Americans of important legal protections, induce regulatory sclerosis and subject agencies that enforce the nation's laws and regulations to potentially endless litigation. This is not reform. These bills would sabotage agency regulation with legislative monkey wrenches. Key compromises about agency power and procedures, worked out under ...

Chamber's Brief Lays Bare Crackpot Theory at Heart of Two-for-One Order

by Amy Sinden | June 15, 2017
I don't know what executive order the Chamber of Commerce is defending in the amicus brief it filed Monday in Public Citizen v. Trump. But it doesn't appear to be the one at issue in that lawsuit. The lawsuit charges that Trump's "one-in, two-out" executive order is unconstitutional. That's the order he issued in January requiring agencies to repeal two regulations for every one they issue. It requires agencies to make sure that the costs imposed by any new regulation ...

As Pruitt Visits Congress to Discuss Massive EPA Cuts, Don't Lose Sight of Important but Less Visible Damage

by Evan Isaacson | June 14, 2017
With a massive, proposed 31 percent cut to his agency looming in the background, EPA Administrator Scott Pruitt is preparing to visit Capitol Hill for an appearance before a House Appropriations subcommittee on Thursday. Lawmakers, their staff, and others are likely and understandably focused on the Paris climate agreement withdrawal, the Trump administration's proposal to end federal financial support for programs that help protect and restore a variety of Great Waters like the Chesapeake Bay and the Great Lakes, and ...

Regulatory Policy

When it comes to health, safety and the environment, executive branch enforcement of the law has become yet another arena to fight and re-fight policy battles presumably settled in Congress. In particular, regulated entities, including companies that pollute or  make potentially dangerous products, spend millions working to block, delay, and unravel such protections.

The Center for Progressive Reform

455 Massachusetts Ave., NW, #150-513
Washington, DC 20001
info@progressivereform.org
202.747.0698

© Center for Progressive Reform, 2015