Lawsuit Challenges Trump Order on Regulations

Lawsuit Challenges Trump Order on Regulations

The public advocacy groups are asking the court to declare the executive order and the OMB guidance unconstitutional, and to prevent the defendant agencies from implementing it. President Trump has also proposed an executive order that would grant religious freedom protection to organizations that oppose same-sex marriage. The main claim is that Trump's order "ran afoul of the Constitution in that it intentionally discriminated against Muslims", according toThe Washington Post.

Watchdog groups Public Citizen and the Natural Resources Defense Council, as well as the labor union Communications Workers of America, have filed a lawsuit against President Donald Trump and other government officials over a recent Executive Order requiring federal agencies to eliminate two regulations for each new one introduced.

He says the executive order puts industry's concerns about the cost of complying with regulations ahead of the public's concerns about the cost of the problem that the regulation is trying to solve.

Mr. Trump's executive order, signed January 30, requires agencies to keep new regulations budget neutral - requiring that any new costs associated with new regulations shall be offset by the elimination of two existing regulations and their associated costs.

The order also instructs federal departments to look only at the cost of regulations and ignore their benefits, which will "force agencies to take regulatory actions that harm the people of this nation", the lawsuit continues. Additionally, he called for the cost of planned regulations to be "prudently managed and controlled through a budgeting process".

The plaintiffs contend that there are no laws allowing federal agencies to not issue a regulation based on an "arbitrary upper limit on total costs", nor do any laws authorize federal agencies to make that decision based on the notion that costs must zero out over multiple regulations.

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"This violates the mission of the Occupational Safety and Health Administration to protect workers' safety and health".

Net benefits from regulation are extremely common.

He noted that it is the job of Congress - not the president - to carefully address how agencies weigh the cost of regulations.

"No one thinking sensibly about how to set rules for health, safety, the environment and the economy would ever adopt the Trump Executive Order approach - unless their only goal was to confer enormous benefits on big business", said Robert Weissman, president of Public Citizen, in a statement. This usurps Congress's authority, and violates the President's Constitutional obligation to "take Care that the Laws be faithfully executed".

Agencies can not implement the Executive Order "without violating the statutes from which they derive their rulemaking authority and the Administrative Procedure Act, which prohibits regulation that is arbitrary or in violation of the law", they add.