Thank you Bloomberg News for this info. If Trump gets elected, it will be interest to see what he pursues.
Donald Trump says he wants to roll back President Obama’s “job-killing regulations,” including the Clean Power Plan and the Waters of the U.S. rule. Bloomberg BNA’s Patrick Ambrosio asks a key question: Can he?
As president, Trump would have the authority to pull back already-issued rules, but in order to do so; he’d have to go through a full notice-and-comment rulemaking. That process would take “well over a year” at minimum, according to Susan Dudley, director of the Regulatory Studies Center at George Washington University.
Trump could act faster by halting implementation and enforcement of Obama’s environmental regulations, while also offering a less vigorous defense of rules undergoing judicial review.
If Trump were to pursue a formal rulemaking process to rescind environmental regulations, his administration likely would be targeted by lawsuits challenging their decision-making, according to observers. At that point, there would be two records supporting two different regulatory decisions: one record prepared by the Obama administration to support the regulation and a record prepared by the Trump administration supporting the decision to rescind the rule, according to Dudley. “There would most certainly be litigation over that,” Dudley said.
While the rulemaking process necessary to formally rescind rules would take time, Trump could quickly order the EPA to shut down all efforts to implement and enforce Obama’s Climate Action Plan and other major environmental regulations, according to Professor Michael Gerrard, director of the Sabin Center for Climate Change Law at Columbia Law School.
“It’s very time-consuming to repeal a regulation,” Gerrard told Bloomberg BNA. “It’s not at all time-consuming to stop enforcing it.”