Monday, February 6, 2017

Deregulation Begins

Trump promised to get rid of cumbersome federal regulations, and the process has started. The Congressional Review Act (CRA) is a law that empowers Congress to undo any federal regulation within 60 legislative days of its enactment. As a result, there are more than 50 major Obama-era regulations (PDF) that the new president and the Republican-controlled Congress want to (and can) overturn. Here are some of the regulations that are on the Republicans' hit list. (Some have already been repealed.)

The coal mining stream protection rule. Coal mining companies can't dump toxic waste into streams (for reasons that should be obvious). Repealed by the House and Senate Feb 1.
Fortune

The methane waste rule. Oil and gas companies operating on federal and tribal lands must capture and sell methane generated by methane leaks, as opposed to flaring it or releasing it into the atmosphere. (Methane and CO2 are both greenhouse gases.) Overturned by the House Feb 3.
Utility Dive
ThinkProgress

The resource extraction rule. Publicly traded oil, gas, and mining companies must disclose payments they make to foreign governments (in order to deter corruption). Repealed by the House and Senate Feb 3.
Reuters

The Fair Pay and Safe Workplaces rule. Contractors must disclose labor law violations or alleged violations they've had in the last three years when bidding on federal contracts over $500,000.  Overturned by the House Feb 5.
Engineering News-Record
The Hill
JDSupra Business Advisor

The Social Security gun rule. Social Security disability insurance records may be used in gun background checks to deny the sale of guns to the severely mentally ill. Overturned by House Feb 3.
New York Daily News

The Fiduciary Rule. Investment advisors can't rip off their clients by intentionally giving them bad advice. The rule was to take effect Apr 10, 2017. If the Fiduciary Rule is not repealed, Trump may decide to defund it – which will have the same effect (for the next 4 to 8 years) as a repeal.
Time
Time

A final note: The CRA states that after a regulation is overturned by Congress, the agency that issued it can never issue a new regulation of "substantially the same form."

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