removing federal regulations - blood, sweat &...
TRANSCRIPT
Removing Federal Regulations -
Blood, Sweat & Tears
Presented by: Donald K. Shandy
“We’ve gotten rid of more regulations than any president in the history of
the United States. And that’s done in less than two years.”
President Trump
July 31, 2018
“This president has actually repealed 22 federal regulations for every
new federal rule put on the books. He’s repealed more regulations than
any president in American history.”
Vice President Pence
July 19, 2018
* Source – “Has the Trump Administration repealed 22 regulations for each new one? Washington Post
Glenn Kessler, August 3, 2018
These statements cannot be specifically verified due to difficulty
evaluating regulatory reduction in prior administrations.
▪ There is no doubt that regulatory initiatives have slowed to a
trickle.
▪ The President’s 2 for 1 policy has definitely had an impact.
▪ The 22:1 claim is debatable.
Clyde Wayne Crews (Competitive Enterprise Institute) concluded that in
first year of Trump administration:
▪ 62 deregulatory actions
▪ 15 regulatory actions
• 4 to 1 ratio
• All these actions are not “economically significant” (> $100 million
impact)
Current regulatory agenda –
▪ Office of Management & Budget (OMB) website reflects 498 are
deregulatory
▪ 133 are regulatory
▪ “Economically Significant” actions narrow list to 32 deregulatory and 20
regulatory
Keep in mind – these numbers reflect actions for the entire federal
government.
▪ The numbers reflect how difficult it is to remove regulations.
WHY is it so difficult to reduce regulatory burden?
▪ Politics of Regulations
▪ Time Consuming
• The “cycle”
▪ It’s always easier to kill something than pass or remove a rule
under the Administrative Procedures Act
Options are few and often pose very difficult hurdles.
1. Generally – it takes a new rule to eliminate an old rule.
2. Congressional Review Act (CRA)
▪ Adopted in 1996
▪ Requires Joint Resolution of both houses
▪ President must sign
▪ Limitations on number of regulations
Options are few and often pose very difficult hurdles. (cont.)
3. Presidential Memorandum/ Executive Order
▪ Apply to proposed rules
▪ Generally require withdrawal of rules not yet published in
federal register
▪ The problem with Executive Orders
USEPA goal regarding removal of existing air regulations or adoption of
new regulations/policy.
▪ The administration has sought reversal of 70 environmental
rules*
• Air Quality – 6 overturned, 12 in process
▪ New proposal each month (e.g. MACT – “Once In, Always In”)
* Source: Harvard Law School’s Environmental Regulation Rollback Tracker
How does a private party remove an existing regulation?
1. Petition for Reconsideration
2. OMB/Office of Information and Regulatory Affairs (OIRA) review
3. Federal Register Notice
4. Opportunity for Comment
5. Final Agency Action
6. Legal Appeal
▪ D.C. Circuit Court of Appeals
Questions?
ContactDonald K. Shandy
405-625-5700
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