Tag Archives: rulemaking

State Attorneys General Join Fight Over “1-in 2-out” Trump Executive Order

Attorneys General from 14 states—led by West Virginia and Wisconsin—filed an amicus brief on April 17 in support of the “1-in 2-out” Executive Order (EO) issued by President Trump.  This EO, which we have covered previously, requires that: For every new regulation promulgated, two regulations are eliminated; Any new incremental costs associated with new regulations … Continue Reading

US District Court Strikes Down BLM Rule for Hydraulic Fracking on Federal and Tribal Land

On June 21, 2016, the US District Court for the District of Wyoming set aside the US Bureau of Land Management’s (BLM) final rule regulating hydraulic fracturing on federal and Native American lands, finding that BLM lacked Congressional authority to promulgate the regulations.  “Congress has not delegated to the Department of Interior the authority to regulate … Continue Reading

US Mine Safety and Health Administration Holds Stakeholders’ Meeting to Discuss Safety, Compliance, and Next Steps

On May 12, 2016, the US Mine Safety and Health Administration (MSHA) held a stakeholders’ meeting entitled “Improving Compliance: Reemphasizing Rules to Live By and the Exam Rule.”  The meeting discussed the current status of safety and compliance in the mining industry and future plans that MSHA has for outreach and enforcement of safety standards.  Key points … Continue Reading

Industry and Environmental Groups Seek Judicial Review of US EPA’s Cooling Water Intake Structure Rule

As expected, in the wake of the US EPA’s finalization of the cooling water intake structure rule, several groups filed lawsuits regarding the proposed rules. Cases were filed by environmental and industry groups in the First, Second, Fourth, Fifth, Sixth, Seventh, and Ninth Circuits. In the initial round of filings, industry groups focused on whether the minimum … Continue Reading

Congress and State Officials Increase Scrutiny of US EPA “Sue and Settle” Rulemaking

Fed up with USEPA’s “sue and settle” rulemaking tactics, the regulated community’s complaints have resulted in increased scrutiny of the practice by members of Congress and state officials and has even resulted in recent litigation.  Our prior article details the specifics of USEPA’s “sue and settle” rulemaking practices, but in essence, it is where USEPA has been sued (or threatened … Continue Reading
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