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Climate for change? Federal agency action heats up

April 2020 federal employment law insider
Authors: 

by Burton J. Fishman, Fortney & Scott, LLC

Does anyone care when regulations get issued? Does anyone wonder why, in the midst of a pandemic, with thinned staffs and remote workers, the U.S. Department of the Interior (DOI) and the Environmental Protection Agency (EPA) are pulling out all the stops to publish regulations ever more favorable to the “extractive industries” (oil, gas, logging, and mining)?

Perhaps the flurry of activity was ignited by political and ideological opportunism—not letting a crisis go to waste. Or maybe something different but similarly political is afoot: Could the rapid actions represent a “canary in the coal mine”? Rather than demonstrating political strength, maybe the movers and shakers are “hedging their bets.”

Deconstruction zone

The DOI and the EPA haven’t let the pandemic’s interruptions and delays get in their way as they continue to deconstruct Obama era regulations. At the end of March, the agency issued new mileage standards, which will reduce the planned standards by more than 60 percent. Instead of the previous Obama requirement of 55 mpg by 2025, the new standards will lower the fleet average to 40 mpg by 2026.

The Trump administration then made a parallel move to withdraw California’s authority to establish its own air quality standards. Fourteen states have sued to challenge the regulation while major automobile manufacturers have publicly stated their concerns that a U.S. auto industry lagging behind the rest of the world’s mileage and emissions standards would be ruinous.

Other administration efforts at deregulation include:

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