Following a short delay caused by the Trump Administration’s January 20, 2017 White House Memorandum halting implementation of several regulatory processes, the rusty patched bumble bee was officially listed as an endangered species by the U.S. Fish and Wildlife Service (the “Service”) on March 21, 2017.
Trump Administration’s Budget Proposal Calls for Steep Cuts at EPA
The Trump administration released its proposed budget today, calling for steep cuts in funding for U.S. EPA. The plan proposes an EPA budget of $5.7 billion, a reduction of $2.6 billion from current levels, representing a 31 percent cut in overall funding.
Initial Budget Discussions Include Significant EPA Cuts and Consolidation of Regional Offices
EPA has reportedly been instructed by the Office of Management and Budget (“OMB”) to develop a plan for consolidating its ten (10) regional offices into eight (8) as a way to realize efficiencies and reduce costs. The proposed reduction in the number of regional offices is part of the OMB’s broader budget document for fiscal year 2018, which is reported to propose a 25 percent cut to the agency’s overall budget, a 30 percent reduction in state grants, and a 20 percent cut in personnel. The proposals are preliminary, and President Trump’s official budget outline for FY 2018 is expected to be issued March 16th. The federal fiscal year begins on October 1st.
New Secretary of the Interior Makes Grand Entrance Following Senate Confirmation
On March 1, 2017, the Senate confirmed Ryan Zinke as Secretary of the Interior. In grand fashion, Secretary Zinke arrived to his first day of work—at the invitation of the National Park Service (“NPS”) Park Police—riding an Irish sport horse. As Secretary of the Interior, Zinke’s responsibilities will include overseeing the management of national lands, waters and resources through the Bureau of Land Management (“BLM”), the NPS, the Fish and Wildlife Service (“FWS”), the Bureau of Indian Affairs, and several other agencies. Secretary Zinke is a former Navy SEAL and a former Republican Congressman from Montana.
Trump Issues Executive Order Compelling EPA and the U.S. Army Corps of Engineers to Formally Review WOTUS
In a brief ceremony yesterday, President Trump signed an Executive Order requiring EPA and the U.S. Army Corps of Engineers to review the final “Clean Water Rule,” also known as the Waters of the United States (WOTUS) Rule to ensure it is consistent with a new policy also laid out in the order to keep the Nation’s navigable waters free from pollution “while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles played by Congress and the States under the Constitution.” Although implementation of the Rule has been stayed by the U.S. Court of Appeals for the Sixth Circuit pending further court review, the Executive Order also requires EPA and the Corps to review all orders, rules, regulations, guidelines, or policies implementing the Rule and to revise or rescind such rules consistent with the Executive Order.
Trump Signs Another Executive Order Aimed at Deregulation
On Friday, February 24, 2017, President Trump signed another Executive Order (EO) aimed at identifying and eliminating federal regulations that burden businesses. Entitled “Enforcing the Regulatory Reform Agenda,” the EO states that “[i]t is the policy of the United States to alleviate unnecessary regulatory burdens placed on the American people.”
Court Grants 60-Day Stay in Critical Habitat Litigation
Last week, a federal judge granted a 60-day stay in litigation over critical habitat designation and policy pursuant to the Endangered Species Act (“ESA”). The U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the “Services”)—the agencies charged with carrying out such designations pursuant to the ESA—asked for the delay in order to allow incoming Trump Administration officials time to become familiar with the case.
OIRA Issues Guidance on “Two-for-One” Rule
On February 2, 2017, the Office of Information and Regulatory Affairs (OIRA) issued Guidance in order to clarify last week’s Executive Order (EO) regarding the issuance of administrative rules. The EO requires agencies to identify at least two existing regulations to be repealed for every one newly promulgated regulation. The EO also requires the total incremental costs of all new regulations finalized in Fiscal Year (FY) 2017 to be offset by eliminating costs associated with repealed regulations.
EPA’s Proposed Mining Assurance Rule
On January 11, EPA proposed Superfund financial assurance regulations for the hardrock mining industry. The proposal requires owners and operators of certain types of hardrock mines and mineral processing facilities to give financial assurances of their ability to pay for potential releases of hazardous substances from their facilities, including Superfund cleanup costs, health assessment costs and natural resource damages (NRD).
President Trump Nominates Judge Neil Gorsuch to the Supreme Court
On January 31, President Trump announced his nomination of Judge Neil Gorsuch to fill the vacancy of the late Justice Antonin Scalia. Judge Gorsuch, 49, graduated from Harvard Law School and clerked for former Supreme Court Justice Byron R. White and current Justice Anthony Kennedy. Since 2006, Judge Gorsuch has served on the 10th Circuit Court of Appeals in Colorado.