Rock Products

SEP 2017

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44 • ROCK products • September 2017 www.rockproducts.com LAW As promised during the 2016 election, the Trump administra- tion is steaming ahead in pursuing its deregulatory agenda, and President Trump has repeatedly stated his desire to clear regulatory burdens on the mining industry in particular. However, to what extent various regulations will be rolled back – and the timing of that rollback – remains unclear. One thing is certain: The administration's efforts to unwind reg- ulations applicable to the mining industry are sure to meet with litigation from citizen and advocacy groups opposed to the regulatory rollback. Executive Orders In January, President Trump issued Executive Order 13771, "Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs," which mandates that when- ever an executive department or agency publicly proposes for notice and comment or otherwise promulgates a new regulation, it must identify at least two existing regulations to be repealed. That Executive Order applies to the Occupational Safety and Health Act, the Mine Safety and Health Act and various envi- ronmental laws. Not unexpectedly, a lawsuit was filed in May by several advocacy groups challenging that Executive Order as unlawful. That lawsuit is still pending. In February, President Trump issued Executive Order 13777, "Enforcing the Regulatory Reform Agenda," which sets forth principles and requirements for each federal agency to evaluate and implement in the effort to lower reg- ulatory burdens on industry. The Executive Order applies to all federal agencies, including the Department of Labor and the Department of Justice. Specifically, the Executive Order directs each federal agency's Regulatory Reform Task Force to identify regulatory actions that do the following: (i) Eliminate jobs, or inhibit job creation; (ii) are outdated, unnecessary, or ineffective; (iii) impose costs that exceed benefits; (iv) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; (v) are inconsistent with the requirements of the Information Quality Act or OMB Information Quality Guidance issued pur - suant to that provision, in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transpar- ent to meet the standard for reproducibility; or Trump's Mining Regulation Rollback The Administration's Efforts to Unwind Regulations Applicable to the Mining Industry Are Sure to Meet With Pushback. By Jason Moore (vi) derive from or implement Executive Orders or other Pres- idential directives that have been subsequently rescinded or substantially modified. The Executive Order further directs each agency's Regulatory Reform Task Force to seek input and other assistance from entities significantly affected by existing federal regulations. Until recently, much of the work of the agency task forces has been behind closed doors. In some cases, federal agencies have even refused to name the people assigned to lead or participate in certain task forces. However, some task forces are now seeking input from the public on which regulations should be modified or even rescinded. On June 28, for example, the Department of Justice's Regu- latory Reform Task Force published a notice in the Federal Register soliciting public suggestions through Aug. 14 for subjects meriting that task force's attention. According to the notice, the task force sought public opinion for two purposes. •  First, the Task Force sought comments from the public on the various kinds of actions taken by the Department's components that the public perceives to be regulatory in nature even if they are issued in a form other than rules promulgated upon notice and comment. For purposes of this inquiry, the public may perceive an action to be reg- ulatory in nature if it imposes binding requirements on any person or entity outside the federal government or if it states criteria that a Department component will use to assess compliance with such a binding requirement. • Second, the Task Force sought suggestions from the public for specific regulatory actions previously taken by the Department that should be repealed, replaced or modified, consistent with applicable law. In particular, the Task Force welcomed specific comments that identified regulatory actions that meet the criteria as proscribed in Executive Order 13777. Jason Moore is senior counsel in the Denver office of Husch Blackwell. He is an environmental and natural resources lawyer who focuses on helping energy companies navigate a wide variety of environmental issues, including permit- ting, enforcement, land use, government relations, chemical regulatory issues, Superfund and RCRA liability, and envi- ronmental due diligence in property and M&A transactions. He can be reached at 303-749-7295 or jason.moore@ huschblackwell.com.

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