The ‘Most Ambitious Regulatory Rollback Since Reagan’

‘Bonfire Of The Obama Regs: The Congressional Review Act’

“Trump undertakes most ambitious regulatory rollback since Reagan: President Trump has embarked on the most aggressive campaign against government regulation in a generation, joining with Republican lawmakers to roll back rules already on the books and limit the ability of federal regulators to impose new ones. After just a few weeks in office, the new administration is targeting dozens of Obama-era policies… a slew of Obama-era rules in limbo.” (“Trump Undertakes Most Ambitious Regulatory Rollback Since Reagan,” The Washington Post, 2/12/17)

“Republicans are moving quickly to dismantle Obama-era regulations using the Congressional Review Act.” (“Senate Nixes Obama-Era Gun Rule,” The Hill, 2/15/17)

• “…Republicans are wielding [the Congressional Review Act] now to slash away potentially dozens of late-term Obama rules.” (“Swift Repeal Of Obama Rules Leaves Former Staffers Steaming,” Politico, 2/11/17)

• “Bonfire of the Obama regs: the Congressional Review Act” (“Bonfire Of The Obama Regs,” Overlawyered.Com, 2/17/17)

“…regulation-skeptic Republicans have indicated they plan to use the act to push future red-tape-stripping bills in the weeks and months ahead.” (“Donald Trump Scraps Obama-Era Energy Regulations,” U.S. News, 2/14/17)

“Before Trump took office, the Congressional Review Act had been successfully used only once, to overturn a Clinton administration ergonomics rule in 2001.” (“Trump Undertakes Most Ambitious Regulatory Rollback Since Reagan,” The Washington Post, 2/12/17)

‘President Trump … Signed Legislation Ending A Key Obama Administration Coal Mining Rule’

“President Trump on Thursday signed legislation ending a key Obama administration coal mining rule.” (“Trump Signs Bill Undoing Obama Coal Mining Rule,” The Hill, 2/16/17)

“Republicans in Washington took their biggest step yet to reverse Barack Obama’s regulatory legacy, dusting off a little-used congressional tool and voting to kill a rule…” (“Senate Votes To Reverse Obama-Era Coal Rule, Sends To Trump,” Bloomberg, 2/3/17)

“Senators voted 54-45 Thursday to kill an Obama administration coal mining rule, giving President Trump his first chance to formally take off the books an environmental rule from the previous administration. The Congressional Review Act (CRA) challenge passed by the Senate undoes the Interior Department’s … regulation…” (“Senate Votes To Block Obama Coal Rule,” The Hill, 2/2/17)

• “The rule was rolled out in late December, just weeks before Mr. Obama left office.” (The Washington Times, 1/30/17)

President Obama’s ‘Punitive 11th-Hour Regulation On Coal,’ Would Have Put ‘Between 112,757 And 280,809’ Total Jobs At Risk

KENTUCKY COAL ASSOCIATION: “The undeniable truth is that … [this rule] will have a real impact on the real world. It will cause real harm to real people, who support real families in real communities. And those real families and communities desperately need Congress to intervene on their behalf to rebuke the actions of an out-of-control federal agency by passing a resolution to overturn the SPR and send it to President Trump’s desk to be signed into law.” (Kentucky Coal Association, Letter To Sen. McConnell, 1/30/17)

• UNITED MINE WORKERS: “…thank you for introducing a Joint Resolution to overturn the Stream Protection Rule (SPR) under the Congressional Review Act. The United Mine Workers of America wholeheartedly supports your legislation and will work to see that it is passed. … The last thing America’s coal-producing regions need at this time is another regulation that will have the effect of reducing employment even more and further stifling economic development.” (United Mine Workers Of America, Letter To Sen. McConnell, 1/30/17)

“The Obama Administration has … [issued] a punitive 11th-hour regulation on coal. Issued by the Interior Department’s Office of Surface Mining Reclamation and Enforcement (OSM), the rule takes effect Jan. 19 as a classic example of the job-killing rules that Mr. Trump has vowed to overturn.” (Editorial, “Coal In Trump’s Stocking,” Wall Street Journal, 12/20/16)

• “…it’s a power grab aimed at giving federal regulators more authority to make coal too expensive for anyone to mine or use.” (Editorial, “Coal In Trump’s Stocking,” Wall Street Journal, 12/20/16)

• “‘I think it's a classic example of why so many people are upset with the regulatory hubris that comes out of this [Obama] administration,"’ [National Mining Association spokesman Luke] Popovich said.” (“States Ramp Up Efforts To Undermine Obama's Stream Rule,” E&E News, 5/13/16)

STUDY: “Total number of jobs at risk of loss, including mining and linked sector employment is between 112,757 and 280,809 (30 to 75 percent of current employment levels).” (“Economic Impacts Of The Office Of Surface Mining’s Proposed Stream Protection Rule (SPR),” Ramboll Environ, 2016)

• “Direct mining jobs at risk of loss are predicted to range from 40,038 to 77,520, with both surface and underground mining adversely affected.” (“Economic Impacts Of The Office Of Surface Mining’s Proposed Stream Protection Rule (SPR),” Ramboll Environ, 2016)

“CEO Robert Murray called the stream protection rule ‘the single greatest threat to the jobs and family livelihoods of our employees that I have seen in my 58 years of coal mining.’” (“Coal: Lawmakers Argue About Proposed Stream Rule's Job Loss Numbers,” Greenwire, 10/27/15)

14 STATE ATTORNEYS GENERAL: “As chief legal officers or as environmental regulators for our States, we write to urge Congress to use its power under the Congressional Review Act to disapprove … 81 Fed. Reg. 93,066… which was issued by the Interior Department’s Office of Surface Mining Reclamation and Enforcement (‘OSM’).  The Rule is an unlawful attempt drastically to limit coal mining in vast areas of the country. … The Rule would have a disastrous effect on coal miners, their families, workers in related industries, and their communities.” (14 State Attorneys General, Letter To Sen. McConnell & Speaker Ryan, 1/17/17)

• “…one of the Obama administration's most controversial pending rules. Seven tempestuous years after it started the process, the Interior Department's Office of Surface Mining Reclamation and Enforcement plans to finalize its stream protection rule this summer.” (“States Ramp Up Efforts To Undermine Obama's Stream Rule,” E&E News, 5/13/16)

‘Senate Nixes Obama-Era Gun Rule’ Which ‘Unnecessarily And Unreasonably Deprives Individuals With Disabilities Of A Constitutional Right’

SEN. MITCH MCCONNELL (R-KY): “The resolution will provide relief from an overly broad and legally deficient regulation that threatens the Second Amendment rights of law-abiding Americans with disabilities. Specifically, in the waning days of the Obama Administration, the Social Security Administration issued a rule that the ACLU and disability groups across the country oppose because it unfairly treats many Americans with disabilities.” (Sen. McConnell, Floor Remarks, 2/15/17)

“Critics argue the rule stripped Second Amendment rights from people who are not dangerously mentally ill, such as those with eating or sleeping disorders or disabilities that prevent them from managing their own finances.” (“Senate Nixes Obama-Era Gun Rule,” The Hill, 2/15/17)

NATIONAL COUNCIL ON DISABILITY: “Because of the importance of the constitutional right at stake and the very real stigma that this rule legitimizes, NCD recommends that Congress consider utilizing the Congressional Review Act (CRA) to repeal this rule.” (National Council On Disability, Letter To Majority Leader McConnell & Speaker Ryan, 1/24/17)

• “NCD submitted comments to SSA on the proposed rule on June 30^th, 2016.  In our comments, we cautioned against implementation of the proposed rule because: [t]here is, simply put, no nexus between the inability to manage money and the ability to safely and responsibly own, possess or use a firearm. This arbitrary linkage not only unnecessarily and unreasonably deprives individuals with disabilities of a constitutional right, it increases the stigma for those who, due to their disabilities, may need a representative payee[.]” (National Council On Disability, Letter To Majority Leader McConnell & Speaker Ryan, 1/24/17)

“The Senate nixed an Obama-era rule that could block some people receiving Social Security disability benefits from being able to buy a gun.” (“Senate Nixes Obama-Era Gun Rule,” The Hill, 2/15/17)

‘Trump Signs Repeal Of Obama Era Energy Regulation,’ ‘Sends SEC Disclosure Rule To The Dust Bin’

“…Donald Trump signed legislation Tuesday that repealed a Dodd-Frank Act energy regulation under the Congressional Review Act (CRA).” (“Trump Signs Repeal Of Obama Era Energy Regulation,” The Daily Caller, 2/14/17)

SEN. MITCH MCCONNELL (R-KY): “We all want to increase transparency, but we should not raise costs on American businesses only to benefit their international competition. Let’s send the SEC back to the drawing board to promote transparency without the high costs or negative impacts on American businesses.” (Sen. McConnell, Press Release, 2/2/17)

“Senate sends SEC disclosure rule to the dust bin: The Senate Friday gave its thumbs up to a resolution to nullify a SEC rule… It was the second time this week lawmakers sent President Donald Trump a Congressional Review Act resolution undoing an Obama administration regulation. He is expected to sign it.” (“Senate Sends SEC Disclosure Rule To The Dust Bin,” Politico, 2/3/17)

• “…the votes were first in a series of actions to reverse years of what they see as excessive government regulation during Obama's presidency. … Republicans voted to repeal the Obama-era rules using the Congressional Review Act, an obscure oversight tool that could become more familiar in the coming weeks as Congress uses it to overturn regulations federal agencies issued late in Obama's presidency.” (TIME, 2/1/17).

Rule Could Have Cost American Businesses Up To $590 Million Annually

SEC: “Quantitative Estimates of Compliance Costs … Annual ongoing compliance costs… Total costs: Lower bound - $94,528,370; Average: $267,061,300; Upper bound: $590,699,900.” (Security And Exchange Commission, “17 CFR Parts 240 and 249b,” Pg.192)