PublicationsInsights on Current Policy Issues

  • February 9, 2017

    By Frank Vlossak

    On January 30, 2017, President Trump signed an Executive Order entitled “Reducing Regulation and Controlling Regulatory Costs”. The Executive Order is intended to ensure that “for every one new regulation issued, at least two prior regulations be identified for elimination”. On February 3, the White House issued a memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017…” The memorandum provides agencies with information on how to implement the “Regulatory Cap for Fiscal Year 2017” established by the Executive Order.   

    Among the issues addressed, the February 3, memorandum clarifies that the Executive Order applies only to significant rulemakings, and does not require compliance by independent federal agencies such as the Securities and Exchange Commission (SEC), the Federal Energy Regulatory Commission (FERC), and the Federal Communications Commission (FCC).

     

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  • January 25, 2017

    By Frank Vlossak 

    On January 24, President Trump signed an executive order and four memoranda addressing pipeline, infrastructure, and manufacturing issues. The memoranda include one directing prompt consideration of the remaining federal approvals needed by the Dakota Access Pipeline. Another memorandum invites TransCanada to resubmit its application for a Presidential border-crossing permit for the Keystone XL Pipeline. The memorandum further directs the Department of State to “reach a final permitting decision” within 60 days of receiving a new Keystone XL permit application.

    A memorandum to the Secretary of Commerce requires the development of a “plan” to require “all new pipelines, as well as retrofitted, repaired, or expanded pipelines [to]…use materials and equipment [including steel] produced in the United States, to the maximum extent possible and to the extent permitted by law…”

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  • November 18, 2016
    By Nicole Ruzinski and Frank Vlossak 

    Presidential transitions in which one party takes over from the other can trigger regulatory activity in both the outgoing and incoming administrations, designed to further each president’s policy priorities. An outgoing president may attempt to finalize a number of regulations before leaving office. The incoming president can be left with the responsibility of implementing policies that are not aligned with the new administration’s agenda. An incoming president faces significant challenges in rescinding regulations that were adopted and finalized before the end of the prior administration. The new administration has more leeway in delaying or repealing regulations that are not final or effective by Inauguration Day. An incoming administration and aligned House and Senate majorities can also utilize the expedited processes under the Congressional Review Act to rescind regulations that were promulgated late in the outgoing administration. 

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This week The House passed the resolutions of disapproval related to the following rules:  the “SEC Resource Extraction Rule” (H.J.Res.41); the “Stream Protection Rule” (H.J.Res.38); the “Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule” (H.J. Res. 36); the “NICS Improvement Amendments Act of 2007” (H. J. Res. 40); and the rule relating to the Federal Acquisition Regulation (H.J. Res. 37)


This Week in Congress

  • House –The House passed the resolutions of disapproval related to the following rules:  the “SEC Resource Extraction Rule” (H.J.Res.41); the “Stream Protection Rule” (H.J.Res.38); the “Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule” (H.J. Res. 36); the “NICS Improvement Amendments Act of 2007” (H. J. Res. 40); and the rule relating to the Federal Acquisition Regulation (H.J. Res. 37)

 

  • Senate – The Senate confirmed nominations of Rex Tillerson as Secretary of State and Elaine Chao as Secretary of Transportation. The Senate also passed H.J.Res.38, to disapprove of the Department of the Interior’s Stream Protection Rule; and H.J.Res.41, to disapprove of the SEC rule related to Resource Extraction.

 

Next Week in Congress

  • House – The House will vote on H.J. Res. 42, to disapprove of the rule relating to drug testing of unemployment compensation applicants; H.J. Res. 44, to disapprove of the rule submitted by the Department of the Interior relating to Bureau of Land Management regulations that establish the procedures used to prepare, revise, or amend land use plans pursuant to the Federal Land Policy and Management Act of 1976; H.J. Res. 57, to disapprove of the rule relating to accountability and State plans under the Elementary and Secondary Education Act of 1965; H.J. Res. 58, to disapprove of the rule relating to teacher preparation issues; and the “Red River Gradient Boundary Survey Act” (H.R. 428).

 

  • Senate –The Senate is expected to consider the nominations of Betsy DeVos to be Secretary of Education. The Senate will consider the following nominations upon disposition of the previous nomination in the order filed, and each nomination is subject to 30 hours of post-cloture debate: Senator Jeff Sessions (R-AL) to be U.S. Attorney General; Representative Tom Price (R-GA) to be Secretary of Health and Human Services; and Steven Mnuchin to be Secretary of the Treasury.

 

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PublicationsInsights on Current Policy Issues

  • February 9, 2017

    By Frank Vlossak

    On January 30, 2017, President Trump signed an Executive Order entitled “Reducing Regulation and Controlling Regulatory Costs”. The Executive Order is intended to ensure that “for every one new regulation issued, at least two prior regulations be identified for elimination”. On February 3, the White House issued a memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017…” The memorandum provides agencies with information on how to implement the “Regulatory Cap for Fiscal Year 2017” established by the Executive Order.   

    Among the issues addressed, the February 3, memorandum clarifies that the Executive Order applies only to significant rulemakings, and does not require compliance by independent federal agencies such as the Securities and Exchange Commission (SEC), the Federal Energy Regulatory Commission (FERC), and the Federal Communications Commission (FCC).

     

    Read...

    Read More
  • January 25, 2017

    By Frank Vlossak 

    On January 24, President Trump signed an executive order and four memoranda addressing pipeline, infrastructure, and manufacturing issues. The memoranda include one directing prompt consideration of the remaining federal approvals needed by the Dakota Access Pipeline. Another memorandum invites TransCanada to resubmit its application for a Presidential border-crossing permit for the Keystone XL Pipeline. The memorandum further directs the Department of State to “reach a final permitting decision” within 60 days of receiving a new Keystone XL permit application.

    A memorandum to the Secretary of Commerce requires the development of a “plan” to require “all new pipelines, as well as retrofitted, repaired, or expanded pipelines [to]…use materials and equipment [including steel] produced in the United States, to the maximum extent possible and to the extent permitted by law…”

    Read...

    Read More
  • November 18, 2016
    By Nicole Ruzinski and Frank Vlossak 

    Presidential transitions in which one party takes over from the other can trigger regulatory activity in both the outgoing and incoming administrations, designed to further each president’s policy priorities. An outgoing president may attempt to finalize a number of regulations before leaving office. The incoming president can be left with the responsibility of implementing policies that are not aligned with the new administration’s agenda. An incoming president faces significant challenges in rescinding regulations that were adopted and finalized before the end of the prior administration. The new administration has more leeway in delaying or repealing regulations that are not final or effective by Inauguration Day. An incoming administration and aligned House and Senate majorities can also utilize the expedited processes under the Congressional Review Act to rescind regulations that were promulgated late in the outgoing administration. 

    Read...

    Read More

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