Tag: administrative state
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Trump executive order targets regulations waived during pandemic for potential permanent repeal
On May 19, President Trump issued an executive order directing federal agencies to remove regulatory barriers to economic activity as part of a coronavirus pandemic recovery effort. The order specifically directs agency leaders to determine whether regulations modified or waived during the pandemic should be repealed permanently. It also encourages agencies to use emergency powers…
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Federal Register weekly update; 2020 page total passes 31,000 pages
The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity. From May 18 to May 22, the Federal Register grew by 1,766 pages for a year-to-date total of 31,356 pages. Over the same…
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FEC regains quorum to enforce campaign finance laws
The Federal Election Commission’s (FEC) nearly nine-month period without a functioning quorum came to a close on Tuesday when the United States Senate voted 49-43 along party lines to confirm Republican attorney Trey Trainor as the commission’s newest member. Trainor’s confirmation created the quorum of members necessary for the FEC to oversee campaign finance disclosures,…
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EPA proposal aims to increase public engagement with agency guidance documents
The U.S. Environmental Protection Agency (EPA) on May 19 announced a proposed rule that intends to facilitate public engagement in the development and review of the agency’s guidance documents. The proposed rule aims to bring the agency in line with President Donald Trump’s (R) Executive Order 13891, which seeks to prohibit https://ballotpedia.org/Executive_agencyfederal administrative agencies> from…
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COVID-19 might allow 117th Congress to block more Trump administration regulations
The coronavirus pandemic might give opponents of the Trump administration more opportunities to fight agency actions taken in the remaining months of 2020. Under the Congressional Review Act (CRA), a new Congress has 75 legislative days to overturn agency rules issued in the last 60 days of a prior session of Congress. COVID-19 led congressional…
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Order highlights role of federal agencies in preemption decisions
The Pipeline and Hazardous Materials Safety Administration (PHMSA)— the federal agency tasked with regulating the transportation of oil and other hazardous materials—issued an order on May 11 that blocked a Washington state law that would have placed restrictions on crude oil transportation beyond those required by federal law. The Federal Hazardous Materials Transportation Law (HMTA)…
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Checks and Balances: May 2020
The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process and the rule of law. This edition: In this month’s edition of Checks and Balances, we review a new dissent from Justice Clarence Thomas…
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NYT highlights federal law allowing for the repeal of administrative agency regulations
The New York Times in its May 7 morning briefing discussed the use of the Congressional Review Act (CRA) during the Trump administration to reverse certain regulations issued by the Obama administration. Trump administration officials, according to the Times, are working to ensure that the administration’s own regulations are not similarly vulnerable to reversal under…
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U.S. Supreme Court decision in County of Maui v. Hawaii Wildlife Fund signals uncertain future for Chevron deference
A recent U.S. Supreme Court case suggests that the court will not rely on Chevron deference as much as it had in the past. On April 23, the U.S. Supreme Court issued an opinion that did not rely on the deference doctrine in a case involving ambiguous legal language. Chevron deference is an administrative law…
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Federal Register weekly update; Trump administration’s largest weekly page total tops 3,100 pages
The Federal Register is a daily journal of federal government activity that includes presidential documents, proposed and final rules, and public notices. It is a common measure of an administration’s regulatory activity. From April 27 to May 1, the Federal Register grew by 3,144 pages for a year-to-date total of 26,318 pages. Over the same…