PA Environment Digest Blog: UPDATED: Trump Issues Order Requiring Repeal Of 2 Regulations For Every 1 New One Proposed

Monday, January 30, 2017

UPDATED: Trump Issues Order Requiring Repeal Of 2 Regulations For Every 1 New One Proposed

President Trump Monday issued an Executive Order putting a cap on new regulations issued by federal agencies. It requires agencies to eliminate 2 old regulations if a new regulation is proposed, unless prohibited by law.

Trump also set an incremental cost of all new regulations at zero, unless otherwise required by law or consistent with advice provided in writing by the Director of the Office of Management and Budget (Director).

The agencies were also ordered to offset the incremental cost of new regulations, to the extent permitted by law, with elimination of existing costs. "Any agency eliminating existing costs associated with prior regulations under this subsection shall do so in accordance with the Administrative Procedure Act and other applicable law."

The Director of the federal Office of Management and Budget will provide the heads of agencies with guidance on the implementation of the Order.

“Such guidance shall address, among other things, processes for standardizing the measurement and estimation of regulatory costs; standards for determining what qualifies as new and offsetting regulations; standards for determining the costs of existing regulations that are considered for elimination; processes for accounting for costs in different fiscal years; methods to oversee the issuance of rules with costs offset by savings at different times or different agencies; and emergencies and other circumstances that might justify individual waivers of the requirements of this section.”

The Order does not address situations where regulations may be required by law which would have to be repealed if old regulations are eliminated, regulations required by court order, where methods of calculating costs and benefits are stipulated by law, it does not address balancing costs and benefits of a regulation or address the benefits of a regulation at all.

The Order ends by saying, “This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.”

A copy of the Executive Order is available online. Click Here to track other Presidential actions.
As one environmental activist said in reaction, "So you'll protect my drinking water but only in exchange for allowing oil drilling in national parks and more lead in my paint?"