May 25, 2017

DOL Takes Significant Step Forward in Rescinding Persuader Rule

From: JD Supra

Lindsay DiSalvo |Conn Maciel Carey LLP

This week the Department of Labor (“DOL”) submitted a proposed rulemaking that would rescind the regulation commonly termed the “Persuader Rule” to the Office of Management and Budget’s Office of Information and Regulatory Transparency (“OIRA”) for review.  The DOL, through its Office of Labor-Management Standards (“OLMS”), promulgated the Persuader Rule during the last year of the Obama Administration and received vehement opposition from the employer community due to its impact on access to legal advice and counsel.  If OIRA approves the proposed rulemaking, the next step is for the DOL to publish it in the Federal Register for public review and comment.  The DOL will then consider and evaluate the comments it receives and decide how to proceed with the rulemaking.  Although the outcome is not guaranteed due to the pending comment process, this is an essential step toward eliminating the Persuader Rule.

May 24, 2017

President Trump signs measure ending safe harbor for state-run private-sector plans

From: Pensions & Investments

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Rep. Tim Walberg, R-Mich., chairman of the Education and the Workforce Subcommittee on Health, Employment, Labor, and Pensions, in a statement called the safe harbors “a misguided regulatory loophole that would discourage small businesses from providing retirement benefits and put the hard-earned savings of workers at risk.”

Mr. Walberg chaired a subcommittee hearing Thursday on regulatory barriers to retirement saving, including what he called the “flawed fiduciary rule” from the Department of Labor that becomes effective June 9. . . .

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May 18, 2017

Observations Worth Additional Vetting

In a meeting sponsored by the Federalist Society on May 17, 2017 Professor David Vladek of Georgetown University law school made two observations:

(1)  That there is no need for the REINS Act given the Congressional Review Act, and

(2)  That the Reagan Executive Order 12291, which instituted government-wide centralized regulatory review is, along with the APA, one of the two most influential documents of the regulatory state. (N. B. Centralized Regulatory Review began in the Nixon Administration, was given statutory support by Carter[Paperwork Reduction Act] and went government-wide[Reagan])

May 16, 2017

Regulatory Reform to Pave Way for DOT’s Infrastructure Plan

From: RT&S

Sec. Chao: Infrastructure plan coming soon

Written by

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Sec. Chao also reiterated the administration’s belief that regulation rather than a lack of funding is the reason behind stalled infrastructure progress. The U.S. Department of Transportation has initiated an internal regulatory review process, which will be tasked with identifying steps to reduce the regulatory burden to speed processes along.

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May 5, 2017

EPA Sends WOTUS Repeal Proposal to White House

From: NACS | The Association for Convenience & Fuel Retailing

The controversial rule could impact convenience stores near or touching protected water if it’s not repealed.

WASHINGTON – The Environmental Protection Agency (EPA) has sent its proposal for overturning the Waters of the United States (WOTUS) rule to the Trump administration, Politico reports. The White House Office of Management and Budget’s Office of Information and Regulatory Affairs will review the proposal that would repeal the Obama administration’s controversial water mandate.

Last week, the U.S. Senate Committee on the Environment and Public Works held a hearing on WOTUS, which would subject convenience stores near or touching protected water to special permitting and Clean Water Act requirements.

May 2, 2017

Business Community Requests Rejection of Revised EEO-1 Report Requiring Disclosure of Pay Data

From: The National Law Review

Article By Stephania C. Sanon, Stephanie E. Lewis | Jackson Lewis P.C.

The U.S. Chamber of Commerce (the “Chamber”), along with several business associations, has requested that the Office of Management and Budget (“OMB”) rescind its prior approval of the EEOC’s revised EEO-1 Report requiring disclosure of pay data information by gender, race, and occupational category due to the cost and time associated with compliance. The Chamber’s request was backed by the Society for Human Resource Management, National Restaurant Association, National Retail Federation, National Automobile Dealers Association, and others.

May 1, 2017

Trump Issues Executive Order Aimed at Expanding Development of Offshore Oil & Gas Resources

Editor’s Note: The Executive Order Implementing an America-First Offshore Energy Strategy may be found here in the Trump Regulation Library.

From: The National Law Review

Article By Michael D. Farber,R. Scott Nuzum, Jonathan D. Simon,Van Ness Feldman LLP

On April 28, 2017, President Donald J. Trump—flanked by Alaska Senator Lisa Murkowski, Alaska Representative Donald Young, Secretary of the Interior Ryan Zinke, and others—signed an Executive Order (EO) intended to fundamentally revise federal offshore oil and gas policies. The EO, entitled “An America-First Offshore Energy Strategy,” constitutes a significant first step by the Trump Administration to follow through on the President’s campaign promise to “[o]pen . . . offshore leasing on federal lands,” which, in turn, was part of the President’s broader commitment that the United States “[b]ecome, and stay, totally independent of any need to import energy from the [Organization of the Petroleum Exporting Countries] or any nations hostile to our interests.”

April 28, 2017

Camarillo manufacturer responds to White House call for ideas

From: Camarillo Acorn

Says federal regulations slow business, create red tape

By Rob McCarthy, Special to the Acorn

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An executive memo signed Jan. 24 by Trump tasked Ross with investigating the impact of federal regulations on the manufacturing industry. The president has said he wants to keep factory jobs and car makers from leaving the states.

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“I guarantee you will receive an ear/eye full of this ever increasing government regulation complexity crisis,” Garcia wrote to the Commerce Department. “We are confident other companies within our industry classification . . . are also facing this.”

April 25, 2017

Remarks by President Trump at Signing of Financial Services Executive Orders

From: The White House

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Secretary Mnuchin is a leader in our effort to make America competitive again.  We’re going to make it great again, we’re going to make it strong again, we’re going to make it safe again, and we’re going to make it competitive again.  I’m also issuing two directives that instruct Secretary Mnuchin to review the damaging Dodd-Frank regulations that failed to hold Wall Street firms accountable.  I mean, they’ve done really, in many cases, the opposite of what they were supposed to.  These regulations enshrine “too big to fail” and encourage risky behavior.

April 20, 2017

Trump administration receives 168 comments on ways to cut regulations

From: Aggregates Manager

Kerry Clines

When the Trump administration asked for recommendations on ways the government could cut regulations and make it easier for companies to get their projects approved, the National Stone, Sand & Gravel Association (NSSGA) responded, along with 167 others. According to the Washington Post, three senior administration officials from different departments say that the White House is inclined to accept many of the suggestions.

Some of the most notable comments include the following:

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