While I want these regs rolled back, I don’t want it done by EO. Make congress pass legislation limiting (if not eliminating) the EPA. And make the Congress review ALL regulations from all federal bureaucracies, & either approve or remove them.
There is already a Bill before Congress to eliminate the EPA by Dec 31, 2018. The Bill however does not cover what will become of any of its regulations, etc. It is better to undo some of the damage done by the EPA using the EPA than trying to do it after the agency is eliminated.
But Congress has a job....cuz they hold the enforcement purse.
Here is some GOOD news on the Congressional Review Act:
The accepted wisdom in Washington is that the CRA [Congressional Review Act] can be used only against new regulations, those finalized in the past 60 legislative days. That gets Republicans back to June, teeing up 180 rules or so for override. Included are biggies like the Interior Department’s “streams” rule, the Labor Department’s overtime-pay rule, and the Environmental Protection Agency’s methane rule.
But what Mr. Gaziano told Republicans on Wednesday was that the CRA grants them far greater powers, including the extraordinary ability to overrule regulations even back to the start of the Obama administration. The CRA also would allow the GOP to dismantle these regulations quickly, and to ensure those rules can’t come back, even under a future Democratic president. No kidding.
It turns out that the first line of the CRA requires any federal agency promulgating a rule to submit a “report” on it to the House and Senate. The 60-day clock starts either when the rule is published or when Congress receives the report—whichever comes later.
“There was always intended to be consequences if agencies didn’t deliver these reports,” Mr. Gaziano tells me. “And while some Obama agencies may have been better at sending reports, others, through incompetence or spite, likely didn’t.” Bottom line: There are rules for which there are no reports. And if the Trump administration were now to submit those reports—for rules implemented long ago—Congress would be free to vote the regulations down.
There’s more. It turns out the CRA has a[n] expansive definition of what counts as a “rule”—and it isn’t limited to those published in the Federal Register. The CRA also applies to “guidance” that agencies issue. Think the Obama administration’s controversial guidance on transgender bathrooms in schools or on Title IX and campus sexual assault. It is highly unlikely agencies submitted reports to lawmakers on these actions.
“If they haven’t reported it to Congress, it can now be challenged,” says Paul Larkin, a senior legal research fellow at the Heritage Foundation. Mr. Larkin, also at Wednesday’s meeting, told me challenges could be leveled against any rule or guidance back to 1996, when the CRA was passed.
The best part? Once Congress overrides a rule, agencies cannot reissue it in “substantially the same form” unless specifically authorized by future legislation. The CRA can keep bad regs and guidance off the books even in future Democratic administrations—a far safer approach than if the Mr. Trump simply rescinded them. This can easily go back to 2009.
Link: http://www.trapshooters.com/threads/congressional-review-act.409889/
If it was decreed law by EO then it should repealed by EO. The precedent that EOs are not immutable laws but whimsical decrees that are easily undone needs to be established.
The only thing that should be done by EO is an undoing of something done by EO. Otherwise.
Eo’s should be used judiciously and for what they are there for.
Executive orders should be used as administrative matters and to the internal operations of federal agencies. Nothing more or less.
He has his legal beagles in place now.
I do believe however that President Trump's first immigration order was correct and timely and that the 9th will be reversed. Embarrassing for them?? They could care less.
You live in a fantasy world. Congress is not going to pass the legislation you want. Obama put these regs in thru EO and they should be removed the same way. Once that is done, you can pursue the quixotic legislation that will never be passed in a Senate with 52 Reps, some of whom will surely oppose the changes.