The internal memorandum from Administrator Pruitt to his senior staff at the U.S. Environmental Protection Agency (“EPA”) was recently released to the press. The memo provides the road map for implementing Executive Order 13777, which directs agencies to take steps to repeal, replace, or modify unduly burdensome regulations. To identify the regulations EPA will prioritize in the coming months and years, Administrator Pruitt created a Regulatory Review Task Force consisting of four top EPA appointees. The Task Force is directed to develop the recommendations by seeking out input from regulated entities and the trade associations representing the regulated community. The memo further directs the Task Force to conduct “some general outreach” and to host public stakeholder meetings and to screen and compile the responses by May 15, 2017.
Given the wording of the memo and the tight deadline, potentially interested parties should not assume EPA will reach out to them individually to solicit their feedback. Stakeholders should use this process to reach out to the Task Force, provide their recommendations in a clear and succinct manner, and make themselves available for the public hearings and potentially other meetings. Kelley Drye’s Environmental and Government relations practice groups are well equipped to help:
We have strong contacts at EPA and on the Task Force and work with those contact to bring stakeholder issues to the attention of the Administration;
We can help compile and draft the stakeholder recommendations as well as the legal, policy, and economic justifications that can help the Administration see those recommendations as priorities;
We can represent stakeholders at Agency meetings and public hearings; and,
If necessary, we can help work the issue through the de-regulatory/rulemaking process.
This is an Administration that operates far differently than previous administrations, and the regulated community need to be prepared for a different type of dialogue with EPA and other federal agencies. Stakeholders who are clearly articulate their regulatory concerns and proposed remedies to EPA will stand a better chance of seeing those concerns address. Those entities that do not clearly identify their issues with EPA are not likely to see those issues addressed.
to view the Pruitt memorandum. If you have any questions or would like to discuss potential approaches, please contact Wayne D’Angelo
or (202) 342-8525.