November 17, 2016
A Kelley Drye webinar featuring senior advisor Lee Terry was mentioned in the Inside EPA article “GOP Eyes Handful Of High-Profile CRA Efforts To Undo Obama EPA Rules.” The article notes that Republicans are eyeing a handful of high-profile Congressional Review Act (CRA) votes to undo several major Obama EPA rules given expectations that the outgoing administration has few significant rules left to issue, compared to the 100-plus regulations some advocates identified for CRA votes when President Obama was first elected. The webinar, “Midnight in the Garden of Rules & Regulations: Tools President-Elect Trump May Wield to Overturn Midnight Regulations,” hosted by associate Travis Cushman and Mr. Terry, discussed the laws and regulations which circumscribe an incoming administration’s ability to undo the actions of its predecessor and the role of the Congressional Review Act; the differing means by which regulations, guidance, policy statements, and presidential directives can be changed; and the incoming administration’s ability to halt “midnight regulations” proposed and finalized on the eve of the outgoing administration.
Inside EPA noted some of Mr. Terry’s comments. He said that some options for the Trump administration to block rules include issuing a moratorium on new rules, exercising enforcement discretion, and postponing the effective date of final rules. Mr. Terry went on to suggest the Trump EPA could also try to stay the effective date of rules that have not taken effect by the time he takes office on Jan. 20, but said this approach might be “legally tenuous” and require a formal notice-and-comment rulemaking process -- which could face a legal challenge as a final agency action.
To read the full article, please click here.