11/25/19
On Mondays, Rogan’s List features a
listing of proposed rule and regulation changes that are currently accepting
public comment. Commenting is the way to
show government agencies how we feel about these proposed changes. Our comments
also become part of a record that will be reviewed by courts if and when a reg
change is contested. Courts use comments to judge whether an agency is acting
arbitrarily and capriciously.
Organization
Closing Soon
Recent
Section I - ICE, DHS, DOL, NLRB
Section II - everything environmental - EPA, BLM, DOE
Section III - Civil rights, housing, education, healthcare
Other: More on regulations (tracking the trackers/general
information)
(Note: After a couple of weeks items are moved from
“Recent” and “Closing soon” into the Roman numeral sections. A note on
regulatory processes: there are three stages - Notice, Proposed Rule, and Rule.
There’s usually a time lag of a few months to a few years between them, and
they must be published in the Federal Register before appearing on
Regulations.gov. Comment time varies from 10 days to 2 months, sometimes with
extensions.)
1.
Comments due 11/25/2019. Relaxing
methane leaks proposed rule. Docket no. EPA-HQ-OAR-2017-0757. Read it and comment here: https://www.federalregister.gov/documents/2019/09/24/2019-19876/oil-and-natural-gas-sector-emission-standards-for-new-reconstructed-and-modified-sources-review Link to pdf also included in this article: https://www.nytimes.com/2019/08/29/climate/epa-methane-greenhouse-gas.html?smid=nytcore-ios-share&fbclid=IwAR1dxZGcu5KkNQxgl2bBW0XaUhKXWdgrwKq1B0u50Q-AfM3P20Zk5IPRUZc. Read more here: https://www.ourdailyplanet.com/story/trump-administrations-epa-proposes-rolling-back-methane-leaks-rule/
2.
Comments due November 27, 2019.
Increasing amounts of pesticides on food. https://www.federalregister.gov/documents/2019/10/28/2019-23355/receipt-of-a-pesticide-petition-filed-for-residues-of-pesticide-chemicals-in-or-on-various
Other countries are pushing back against EPA relaxation of environmental
safeguards. Read more here: https://www.bangkokpost.com/business/1780134/us-glyphosate-letter-riles-govt
and here: https://ehjournal.biomedcentral.com/articles/10.1186/s12940-019-0488-0
3.
EPA vs. USDA
in biofuels regulation. Comments due November 29, 2019. Renewable Fuel Standard
Program: Standards for 2020 and Biomass-Based Diesel Volume for 2021. Read it here: https://www.federalregister.gov/documents/2019/10/28/2019-23379/renewable-fuel-standard-program-standards-for-2020-and-biomass-based-diesel-volume-for-2021-and
and read more here: https://advancedbiofuelsusa.info/tag/epa/
and here: https://bioenergyinternational.com/opinion-commentary/epa-biofuels-proposal-falls-short-of-industry-expectations-ngfa
4.
Comments due Dec. 2, 2019. SNAP:
Standardization of State Heating and Cooling Standard Utility Allowances. The proposed rule
would revise Supplemental Nutrition Assistance Program (SNAP) regulations to
standardize the methodology for calculating standard utility allowances (SUAs
or standards). Will result in food stamp cuts to millions. Read more: https://www.federalregister.gov/documents/2019/10/03/2019-21287/supplemental-nutrition-assistance-program-standardization-of-state-heating-and-cooling-standard and https://www.forbes.com/sites/joshuacohen/2019/10/04/trump-administrations-controversial-cuts-in-food-stamps-program/#68064adb7eaf From Stars and Stripes: https://www.stripes.com/news/veterans/house-lawmakers-argue-proposed-change-to-food-stamps-would-harm-veterans-1.601615
5.
Comment due 12/9/2019. Fish and
Wildlife Service Opinion. Diverting Sacramento River. Email comments to eleal@usbr.gov. https://www.fws.gov/sfbaydelta/CVP-SWP/index.htm
Biological Opinion. "Eight-hundred pages into the text
of a lengthy new report, federal biologists have quietly granted government
water managers permission to nearly exterminate an endangered run of Sacramento River salmon so they can
send more water south from the river's delta to farmers in the arid San Joaquin Valley." Trump Administration Plan Allows Delta Water Managers to Kill Off
Winter-Run Chinook Salmon. Environmentalists call the new water diversion
regulations "an extinction plan." Read more here: https://www.eastbayexpress.com/oakland/trump-administration-plan-allows-delta-water-managers-to-kill-off-winter-run-chinook-salmon/Content?oid=27893195&fbclid=IwAR0lZjN8NLgDTKOhqdVgUsx8F83XXMcjIxVINfeJm22oWlQbJP5pilLHte0 and http://www.startribune.com/interior-proposes-coveted-deal-to-ex-client-of-agency-head/564627982/. The contract is available
at: https://www.usbr.gov/mp/wiin-act/negotiated-conversion-contracts.html Written comments must be received by close of
business on January 8, 2020, and sent to Erma Leal, Bureau of Reclamation,
South-Central California Area Office, 1243 N Street, Fresno, CA 93721, or faxed
to 559-262-0371, or emailed to eleal@usbr.gov.
https://www.usbr.gov/newsroom/newsrelease/detail.cfm?RecordID=68567
6.
Comments due 12/5/2019. Proposed
Rule, Fluctuating Workweek Method of Computing Overtime. https://www.regulations.gov/document?D=WHD-2019-0006-0001 Undoes Obama-era overtime regulation. “The
regulation would update the Fair Labor Standards Act’s “fluctuating workweek”
compensation method. That option is available for employers to pay certain
workers whose hours vary widely each week at half their regular rates, instead
of at one-and-a-half times, for any hours worked over 40 each week.” https://news.bloomberglaw.com/daily-labor-report/trump-reverses-obama-stance-on-fluctuating-workweek-overtime
7.
Comments close 12/10/2019. Tip
Regulations Under the Fair Labor Standards Act (FLSA) Mandates tip sharing with non-tipped workers such as dishwashers https://www.federalregister.gov/documents/2019/10/08/2019-20868/tip-regulations-under-the-fair-labor-standards-act-flsa Read more here: It would allow restaurant owners to mandate tip-sharing
with kitchen workers and others who traditionally have not been tipped, but
only if all the workers are paid at least the minimum wage. Restaurants that
pay tipped workers less than the minimum can only require tip-sharing with
those who have traditionally shared in tip pools, such as busboys and
hostesses. (Federal law allows employers to pay a sub-minimum wage of $2.13 an
hour to tipped workers.) The Labor Department estimates that more expansive tip
pools could result in the transfer of as much of $213.4 million a year in tips
from wait staff to kitchen workers, though the department says the actual
transfer would likely be about half that much. Critics say that amounts to an
indirect transfer of money from tipped workers to business owners, who can then
use less of their own money to compensate kitchen workers. https://www.npr.org/sections/thesalt/2019/10/07/767996929/restaurants-would-get-more-flexibility-with-workers-tips-under-proposed-rule For a more critical view: https://www.sourcepolitics.com/new-trump-administration-rule-will-allow-restaurants-to-take-servers-tip-money/ and https://www.vice.com/en_us/article/8xwknb/how-the-trump-administrations-new-labor-policies-could-screw-over-restaurant-workers
8.
Update. Comments now due January 30,
2o20 - comment period extended from Sept. 16. Port Access Route Study: Alaskan
Arctic Coast https://www.regulations.gov/document?D=USCG-2018-1058-0012 Read this comment from Audubon Society and Ocean Conservancy, among
other organizations: https://www.regulations.gov/document?D=USCG-2018-1058-0002 “The remoteness of the region and lack of infrastructure means that the
impacts of a serious vessel accident, especially an oil spill, could be
devastating to the marine environment and the people whose lives and
livelihoods depend on a healthy ocean.” BLM has already released plans to drill
the Arctic Coastal Plain - elsewhere in this document.
Recent
2.
Posted 11/1/2019. EPA misnamed "Strengthening Transparency
in Regulatory Science." Final Rule due in 2020. NY Times article: https://www.nytimes.com/2019/11/11/climate/epa-science-trump.html
and EPA pushback: https://www.epa.gov/newsreleases/new-york-times-several-glaring-inaccuracies-thats-fit-print. Rulemaking stage: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201904&RIN=2080-AA14
https://sensiblesafeguards.org/the-epas-censored-science-rule-isnt-just-bad-policy-its-also-illegal/ https://www.nrdc.org/onearth/epa-says-it-wants-scientific-transparency-what-it-really-wants-control-over-research and https://www.wired.com/story/the-epas-anti-science-transparency-rule-has-a-long-history/ and https://undark.org/2019/11/15/abstracts-epa-rule-transparency/
3.
Comments due 1/13/2020. This proposed rule involves implementing
the “Migrant Protections Protocol,” of which “Remain in Mexico” policy is a
part. Proposed Rule from Homeland Security
Department, Asylum Application,
Interview, and Employment Authorization for Applicants. From text of proposed rule: “The rule is being proposed in order to
reform the asylum application and associated employment authorization
application process in order to prioritize bona fide claims and reduce
frivolous and non-meritorious asylum filings. The proposed rule is necessary
because it has been a long time since significant statutory changes have been
made to the asylum provisions that would effectively address the current
aspects of the immigration laws that incentivize illegal immigration and
frivolous asylum filings.” In other words, it appears that all asylum claims
are regarded as frivolous and without merit. It also requires asylee to submit
to biometric data collection. https://www.federalregister.gov/documents/2019/11/14/2019-24293/asylum-application-interview-and-employment-authorization-for-applicants
Read more here: https://www.aila.org/advo-media/agency-liaison/submit-feedback-notices-requests-for-comment/dhs-proposed-rule-employment-authorization-asylum: “ DHS proposed rule which would make
multiple changes to the regulations governing asylum applications and
eligibility for employment authorization based on a pending asylum application.
A table summarizing all of the proposed changes is included beginning on page
62394 of the notice of proposed rulemaking.” Read USCIS memo
here: https://www.aila.org/File/Related/19111302a.pdf/. https://www.regulations.gov/document?D=USCIS-2019-0011-0001 - read the footnotes as a summary of Trump
anti-immigrant actions. More: https://www.newsmax.com/newsfront/illegal-migrants-work-permits/2019/11/13/id/941516/ and https://www.cbsnews.com/news/new-trump-asylum-restriction-us-to-deny-work-permits-to-most-asylum-seekers-in-move-to-deter-migrant-border-crossers/?ftag=CNM-00-10aab4i
4.
Comments due 12/19/2019. Final Rule but taking
comments. Implementing Bilateral and
Multilateral Asylum Cooperative Agreements Under the Immigration and
Nationality Act - This is official removal of asylum seekers to third
countries including the "remain in Mexico” policy. https://www.regulations.gov/document?D=USCIS-2019-0021-0001.
Read statement from American Immigration Council: "“This is yet another
heavy-handed attempt by the Trump administration to gut America’s asylum system
by preventing people at the border from qualifying for any humanitarian
protection in the United States. No person should be forced to seek protection
in countries ill-equipped to hear their claims and where they will face the
same harms from which they flee." Read more here: http://www.americanimmigrationcouncil.org/news/safe-third-country-agreements-central-american-countries-eviscerate-america%E2%80%99s-asylum-system
5.
Comments due 12/19/2019. Now
published, titled, “Office of the Assistant Secretary for Financial
Resources; Health and Human Services Grants Regulation”. Anti-LGBTQ
adoption and foster care measure. HHS Issues Proposed Rule to Align Grants
Regulation with New Legislation, Nondiscrimination Laws, and Supreme Court
Decisions. See also #6, below. https://www.federalregister.gov/documents/2019/11/19/2019-24385/office-of-the-assistant-secretary-for-financial-resources-health-and-human-services-grants.
In plain
English, “A proposed rule by the Trump administration would
allow foster care and adoption agencies to deny their services to L.G.B.T.
families on faith-based grounds.” Read more here: https://www.ebar.com/news/news/284007/online_extra:_trump_administrations_hhs_proposes_rule_that_would_allow_bias_against_lgbts
and here: https://www.nytimes.com/2019/11/02/us/trump-hhs-lgbtq-rule.html
6.
Comments due 12/19/2019. Proposed rule. Health and Human Services Grants Regulation. https://www.regulations.gov/document?D=HHS-OS-2019-0014-0001
"The proposed rule simply says that HHS will follow “all applicable
Supreme Court decisions” in administering grants, leaving it to Trump
administration appointees to decide which decisions are relevant—and which to
ignore—and creating further confusion about grantees' obligations under the
law." Read more here (thorough review): https://www.americanprogress.org/issues/lgbt/news/2019/11/05/476854/hhs-proposal-puts-millions-americans-risk-discrimination-accessing-federally-funded-services/
7.
Comments due 1/22/2020. Proposed changes to
Medicaid supplemental payments received from other sources. Medicaid Program: Medicaid Fiscal
Accountability Regulation. Comment
here: https://www.regulations.gov/document?D=CMS-2019-0169-0001. "For decades, the Medicaid
statute has allowed state Medicaid agencies to rely on contributions from other
state agencies or from local governmental entities, such as counties or
hospital districts, to fund the non-federal portion of Medicaid expenditures.
In the MFAR, CMS proposes to rewrite the regulation addressing which funds may
be contributed as the non-federal share and would introduce new requirements
and restrictions. These changes could
affect the financing of billions of dollars of locally supported Medicaid
payments and will require careful evaluation by states and other
governmental entities responsible for funding their Medicaid program."
(emphasis added). Read more: https://www.natlawreview.com/article/cms-proposes-enhanced-scrutiny-over-medicaid-supplemental-payments
and https://www.foley.com/en/insights/publications/2019/11/cms-enhanced-scrutiny-medicaid-payments
8.
Comments due 1/13/2020. EPA Proposed Rule. National Primary Drinking Water Regulations: Lead and Copper Rule
Revisions. https://www.regulations.gov/document?D=EPA-HQ-OW-2017-0300-0001.
Reduces the number of lead pipes that communities must replace Read more here:
"While the EPA argues that the new requirements, along with the 10-ppb
trigger, will reduce the levels of lead in drinking water, critics charge that
the changes do not go far enough, and that reducing the annual replacement rate
is wrong." https://www.gtlaw-environmentalandenergy.com/2019/10/articles/clean-water-act-2/after-flint-epas-new-lead-rule-proposal-may-not-satisfy-critics/
9.
Posted 11/15/2019. Agency Action Regarding the Exploratory Process for the Development of
an Advanced Nuclear Reactor Generic Environmental Impact Statement. Proposed
rule to fasttrack nuclear reactor development to be coming. No comments
accepted yet. https://www.regulations.gov/docket?D=NRC-2019-0226.
Read more - https://www.utilitydive.com/news/nrc-explores-streamlined-environmental-reviews-to-accelerate-advanced-react/567388/
10.
Update 11/11/2019. Immigration-refugees. States have until
12/25/2019 to respond. https://www.pri.org/stories/2019-11-11/after-trump-order-states-scramble-say-they-will-receive-refugees From October 9,
2019. Trump Executive Order requiring consent of "States and localities”
(Mayors and Governor’s) for refugee resettlement. This
before he attacked Somali community in Minnesota. https://www.whitehouse.gov/presidential-actions/executive-order-enhancing-state-local-involvement-refugee-resettlement/
11. Closing 12/17/2019. Special Areas, Roadless Area Conservation: National
Forest System Lands in Alaska. Proposal to open up Tongass National Forest to
logging, roads, etc. Now open for comment. https://www.regulations.gov/document?D=FS-2019-0023-0001. You have to download the documents to read
them but the first six pages of the first document confirm the intent. https://slate.com/news-and-politics/2019/08/trump-open-alaskas-tongass-national-forest-worlds-largest-remaining-temperate-rainforest-logging-mining.html?utm_source=fb&utm_medium=post&utm_campaign=Lands https://cdxnodengn.epa.gov/cdx-enepa-II/public/action/eis/details?eisId=277660 and Tongass development search
12. Closing 12/16/2019. Proposed Rule. High fees for immigrants,
asylum seekers, and citizenship petitions. U.S. Citizenship and Immigration
Services Fee Schedule and Changes to Certain Other Immigration Benefit Request
Requirements. https://www.federalregister.gov/documents/2019/11/14/2019-24366/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration. New Trump Administration Proposal Would
Charge Asylum Seekers an Application Fee. The proposal also includes increasing
fees for those applying for citizenship by more than 60 percent. https://www.nytimes.com/2019/11/08/us/politics/immigration-fees-trump.html.
https://www.texastribune.org/2019/04/30/trumps-new-asylum-rules-seek-fees-immigrants-bans-some-work-visas/.
13.
Comments due 1/21/2020. Effluent
Limitations Guidelines and Standards for the Steam Electric Power Generating
Point Source Category. Comment here: https://www.regulations.gov/document?D=EPA-HQ-OW-2009-0819-7106.
EPA Unveils Plan to Relax Rules on Coal Power
Plant Waste. Agency releases regulatory rollback proposals. Proposal would
apply to Obama-era standards for coal plant wastewater and coal ash. The EPA wants to relax waste standards for coal-fired power plants, a
rollback of Obama-era regulations on water pollution and waste management that
could help struggling coal plants stay in operation. The Nov. 4 proposal would
roll back an Obama administration regulation outlining the types of technology
that coal-fired power plants must use to capture and treat the wastewater that
flows out of their facilities. EPA discussion of proposed rule, here: https://www.epa.gov/sites/production/files/2019-11/documents/steam-electric-proposed_prepub_11-04-2019.pdf. Overall policy and plan: https://www.epa.gov/newsreleases/epa-seeks-input-proposals-establish-clear-and-stable-regulatory-framework-coal
Read more below: https://www.gtlaw-environmentalandenergy.com/2019/11/articles/waste/coal-ash/is-the-clock-ticking-on-coal-ash-key-deadlines-and-takeaways-from-epas-recent-ccr-rule-revisions/
Read more below: https://www.nrdc.org/experts/nrdc/coal-plants-get-pass-pollute-our-waterways?utm_source=tw&utm_medium=tweet&utm_campaign=CleanWater&fbclid=IwAR2NDz5N_Vz6sTyHzK1wcUl1fC5PWIWu7Zolpx4fs3KJ0A9N3ziROaj7Akg
https://www.npr.org/2019/11/04/776174139/trump-administration-proposes-relaxing-rules-on-waste-from-coal-plants
https://stateimpact.npr.org/pennsylvania/2019/11/04/trump-administration-proposes-rollbacks-for-two-obama-era-coal-pollution-rules/?fbclid=IwAR0UcSzjFJ5ljOBmqj40zmYZN6NaXF1vSnxiIaB4QxmWN5SjR_VCcSEeles
14. Comments due 12/23/2019. Clean Water Act Methods Update Rule for the
Analysis of Effluent. Complete repeal of Clean Water Act. https://www.federalregister.gov/documents/2019/10/22/2019-22437/clean-water-act-methods-update-rule-for-the-analysis-of-effluent
Read about it here: https://www.natlawreview.com/article/epa-and-army-repeal-clean-water-rule-and-move-forward-plan-to-redefine-waters
15. Comments due 1/30/2020. Proposed Rule. Agricultural Worker Protection
Standard; Revision of the Application Exclusion Zone Requirements: Pesticides affecting “Agricultural worker, employer, environmental protection,
farms, forests, greenhouses pesticides, nurseries, pesticide handler, worker
protection standard.” Previously a submission to the Secretary of Agriculture.”Read
it and comment here: https://www.regulations.gov/document?D=EPA-HQ-OPP-2017-0543-0004. Given this
administration’s track record, this doesn’t bode well. Original posting: https://www.federalregister.gov/documents/2019/07/22/2019-15371/submission-to-the-secretary-of-agriculture-pesticides-agricultural-worker-protection-standard. Read more here: https://www.beeculture.com/catch-the-buzz-epa-proposal-would-shrink-buffer-zones-around-farm-pesticides/
16. Comments
due December 23, 2019. Hazardous Materials: Liquefied Natural Gas by Rail. Proposal
to allow rail transport of natural gas. Read it and comment here: https://www.regulations.gov/document?D=PHMSA-2018-0025-0002.
Read more here: https://news.bloombergenvironment.com/environment-and-energy/trains-could-carry-liquefied-natural-gas-under-federal-proposal
and here: https://news.bloombergenvironment.com/environment-and-energy/trains-could-carry-liquefied-natural-gas-under-federal-proposal.
17.
Comments due December 20, 2019. Proposed
Rule. Federal Acquisition Regulation: Recreational Services on Federal
Lands. Read it and comment here: https://www.regulations.gov/document?D=FAR-2019-0004-0001.
“Initially privatizing national park campgrounds and then expanding
privatization to other agencies, including the Bureau of Land Management, the
US Fish and Wildlife Service, the Bureau of Reclamation; regulation exceptions
through ‘categorial permissions’ to electrify campgrounds by expanding
utilities; mobile food trucks and camp stores within park grounds; and
blackouts and restrictions on senior citizens admission discounts.” Read about
it here: https://westernvaluesproject.org/plans-to-privatize-national-parks-outlined-in-trump-admin-memo-would-enrich-donors-special-interests/
18. Executive Order Promoting the Rule of Law Through Improved Agency Guidance
Documents - requires all agency directives be posted,
searchable - to avoid what it calls "back door" regulation. This is a
sweeping order applicable to almost all agencies. https://www.federalregister.gov/documents/2019/10/15/2019-22623/promoting-the-rule-of-law-through-improved-agency-guidance-documents "The White House cited 2015 guidance from the
Department of Labor as a prime example of back-door regulation. That measure
declared many independent contractors should be classified as employees. This
created confusion, raised costs for thousands of small businesses, and was done
without public input, the White House said." https://news.bloomberglaw.com/daily-labor-report/trump-orders-to-limit-effect-of-agency-guidance-to-industry
19. Closing 12/31/2019. HHS major changes to "Stark Law" and
anti-kickback statutes. https://www.federalregister.gov/documents/2019/10/17/2019-22027/medicare-and-state-healthcare-programs-fraud-and-abuse-revisions-to-safe-harbors-under-the Read more here: https://www.axios.com/health-care-fraud-abuse-stark-law-antikickback-changes-fd354212-9583-44c7-85e4-86e4690cc56e.html
20.
Presidential Executive Order
requiring Medicare to pay amount equal to what private insurers pay for
services (rather than negotiating lower prices for
Medicare recipients). Predicted to bankrupt Medicare. “(b) The Secretary,
in consultation with the Chairman of the Council of Economic Advisers, shall
submit to the President, through the Assistants to the President for Domestic
and Economic Policy, a report within 180 days from the date of this order that
identifies approaches to modify Medicare FFS payments to more closely reflect
the prices paid for services in MA and the commercial insurance market, to
encourage more robust price competition, and otherwise to inject market pricing
into Medicare FFS reimbursement.” https://www.whitehouse.gov/presidential-actions/executive-order-protecting-improving-medicare-nations-seniors/ When it is a proposed rule, will be posted here. Read more: https://www.americanprogress.org/issues/healthcare/news/2019/10/11/475646/trumps-plan-privatize-medicare/
https://www.latimes.com/business/story/2019-10-04/hiltzik-trump-medicare; https://khn.org/news/trump-speech-offers-dizzying-preview-of-his-health-care-campaign-strategy/.
21.
Closing 12/10/2019. Dark money
allowed to be hidden in new proposed rule. https://www.federalregister.gov/documents/2019/09/10/2019-19501/guidance-under-section-6033-regarding-the-reporting-requirements-of-exempt-organizations IRS proposes
regulations allowing tax-exempt groups to keep donor identities secret .The proposed regulations are likely to generate comments
critical of political groups using tax-exempt entities for fundraising without
disclosing the identities of their donors, effectively using so-called
"dark money" to finance their causes and preferred candidates. The
rules would also apply to groups such as the National Rifle Association, labor
unions and trade associations. https://www.accountingtoday.com/news/irs-proposes-regulations-allowing-tax-exempt-groups-to-keep-donor-identities-secret and https://www.insidepoliticallaw.com/2019/09/06/irs-issues-notice-of-proposed-rulemaking-on-donor-disclosure-rules-in-response-to-court-ruling/
Section I - ICE, DHS, DOL, NLRB
1.
Closing December
10, 2019. Anti-labor union proposed rule, specifically
making it harder for unions in the construction industry. Representation-Case
Procedures: Election Bars; Proof of Majority Support in Construction Industry
Collective-Bargaining Relationships Read it and comment here: https://www.regulations.gov/document?D=NLRB-2019-0001-0001.
Read more here: https://hrdailyadvisor.blr.com/2019/10/07/nlrb-extends-union-election-rule-comment-period/.
2.
Posted 10/31/2019. DHS Notice - Action. Comments
not accepted. Waiver of environmental rules. Determination Pursuant
to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, as Amended. “The Acting Secretary of Homeland Security has
determined, pursuant to law, that it is necessary to waive certain laws,
regulations, and other legal requirements in order to ensure the expeditious
construction of barriers and roads in the vicinity of the international land
border in Starr County, Texas, Hidalgo County, Texas, and Cameron County, Texas.
https://www.regulations.gov/document?D=DHS-2019-0058-0001.
Read more here: DHS Notice of Determination Regarding Border in Three Texas
Counties. https://www.aila.org/infonet/84-fr-58400-10-31-19
and
https://www.aila.org/advo-media/issues/all/featured-issue-border-processing-and-asylum
3.
From 9/26/2019. United States Citizenship and
Immigration Services officials are planning to change all references of the
term "foreign national" to "alien" in the agency’s policy
manual. Read more here: https://www.aila.org/infonet/tracking-uscis-policy-manual-changes
and here: https://www.buzzfeednews.com/article/hamedaleaziz/immigration-uscis-foreign-national-alien.
Write your representative.
4.
11/2/2019 Update. Proclamation
below blocked in courts but posted 10/29/19 at Regulations.gov as a Notice. “Agency
Information Collection Activities; Proposals, Submissions, and Approvals:
Immigrant Health Insurance Coverage” https://beta.regulations.gov/document/DOS-2019-0039-0001
Read this: https://www.aila.org/advo-media/press-releases/2019/civil-rights-coalition-halts
Background: Presidential Proclamation. Denying
entry to immigrants without health insurance. https://www.federalregister.gov/documents/2019/10/09/2019-22225/suspension-of-entry-of-immigrants-who-will-financially-burden-the-united-states-healthcare-system-in
and https://www.whitehouse.gov/presidential-actions/presidential-proclamation-suspension-entry-immigrants-will-financially-burden-united-states-healthcare-system/. Read more here. If/when comment period becomes available, it will be
posted here. https://www.vox.com/2019/10/9/20903541/trump-proclamation-legal-immigration-health-insurance
and https://www.washingtonpost.com/immigration/trump-will-deny-visas-to-immigrants-who-lack-health-care-coverage/2019/10/04/81e4f48a-e710-11e9-b403-f738899982d2_story.html
Section II - EPA, BUREAU OF RECLAMATION - ENVIRONMENT AND ENERGY
1.
Comments due Dec. 18, 2019. Extending
habitat for threatened orca. “Endangered and Threatened Species: Critical
Habitat for the Southern Resident Killer Whale Distinct Population Segment.” https://www.regulations.gov/document?D=NOAA-NMFS-2014-0041-0278. Supported by Center for Biological Diversity: https://biologicaldiversity.org/w/news/press-releases/federal-rule-protects-endangered-orcas-west-coast-habitat-2019-09-18/
2.
Sept 9, 2019. Plan. (No comment
section). National Petroleum Reserve in Alaska Integrated Activity Plan Bureau
of Land Management plan to open Alaska Coastal Plain to oil and petroleum
exploration and drilling. BLM eplanning site Alaska Coastal Plain National
Petroleum Reserve https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=renderDefaultPlanOrProjectSite&projectId=117408 Read more here: https://www.americanprogress.org/issues/green/reports/2019/09/10/474256/vast-liquidation-public-lands-underway-alaska/ Leasing site: https://www.esrl.noaa.gov/gmd/ccgg/trends_ch4/ https://www.ecowatch.com/trump-alaska-refuge-oil-drilling-2640355340.html and https://www.nytimes.com/2019/09/09/travel/alaska-arctic-national-wildlife-refuge.html
3.
10/7/2019. Notice of Availability for
the Record of Decision for the Central Coast Field Office Approved Resource
Management Plan Amendment for Oil and Gas Leasing and Development, California. Allows fracking in previously prohibited areas of California. Comments
should become open in 30 days from publication. “This plan amendment
identifies the Federal mineral estate, located primarily in Fresno, Monterey
and San Benito counties, California, that is available for oil and gas leasing
and development. It also identifies leasing stipulations to protect resources.”
Write your legislators. https://www.federalregister.gov/documents/2019/10/07/2019-21654/notice-of-availability-for-the-record-of-decision-for-the-central-coast-field-office-approved. Link to BLM site: https://eplanning.blm.gov/epl-front-office/eplanning/planAndProjectSite.do?methodName=dispatchToPatternPage¤tPageId=96878.
4.
9/6/2019 EPA, NHTSA, and DOJ threaten
California Air Resources Board and automakers for auto-emissions standard,
politicizing EPA and DOJ in anti-environment move. NHTSA: https://www.regulations.gov/document?D=NHTSA-2018-0067-12444
EPA letter to CA: https://www.epa.gov
› documents › epa.dot_puts_california_on_notice.pdf and DOJ story here: https://www.washingtonpost.com/climate-environment/justice-dept-launches-antitrust-probe-of-automakers-over-their-fuel-efficiency-deal-with-california/2019/09/06/29a22ee6-d0c7-11e9-b29b-a528dc82154a_story.html?noredirect=on. “California officials, who have repeatedly asserted the state’s rights
under the 1970 Clean Air Act, criticized the inquiry as politicization to
impose the Republican president’s policies.” Read more here: https://www.greencarcongress.com/2019/09/20190919-onerule.html . Other federal
announcements pertaining to CA auto emissions standards: https://www.epa.gov/newsreleases/trump-administration-announces-one-national-program-rule-federal-preemption-state-fuel and https://www.nhtsa.gov/corporate-average-fuel-economy/safe and https://www.nhtsa.gov/document/safe-vehicles-rule-part-1-fr-notice-09192019 Comment email addresses for EPA officials by area: Email addresses for EPA https://www.epa.gov/dockets/where-send-comments-epa-dockets#regional
5.
Multiple items posted undoing the
Clean Air Act piecemeal. “NESHAP” is “National Emission Standards for Hazardous
Air Pollutants.” https://www.epa.gov/stationary-sources-air-pollution/risk-and-technology-review-national-emissions-standards-hazardous
. This link shows postings and
comment dates: https://www.epa.gov/stationary-sources-air-pollution/risk-and-technology-review-national-emissions-standards-hazardous#status
Read more here, including a good explanation
of how this works: https://www.jdsupra.com/legalnews/miscellaneous-coating-manufacturing-20449/
and https://www.jdsupra.com/legalnews/municipal-solid-waste-landfills-neshap-65928/
6.
Posted November 4, 2019, 2019. Allowing more toxic substances. Notice. Certain New Chemicals or
Significant New Uses; EPA proposed significant new uses of toxic
chemicals, including dissociates, used in polyurethane. Comments not accepted. https://www.federalregister.gov/documents/2019/11/04/2019-23388/significant-new-use-rules-on-certain-chemical-substances-19-4f
and https://www.federalregister.gov/documents/2019/10/28/2019-23389/significant-new-use-rules-on-certain-chemical-substances-17-4
Read more here: https://news.bloombergenvironment.com/environment-and-energy/epa-shifts-timeline-for-chemical-risk-evaluations
and http://blogs.edf.org/health/2019/08/08/trump-epa-caves-again-to-industry-demands-on-new-chemicals-and-workers-pay-the-price/ and https://chemicalwatch.com/84049/epa-proposes-26-tsca-significant-new-use-rules#overlay-strip
7.
11/5/2019. Notice Alaska Petroleum
Lease Sales. Will be live webcast. https://www.federalregister.gov/documents/2019/11/05/2019-24113/notice-of-2019-national-petroleum-reserve-in-alaska-oil-and-gas-lease-sale-and-notice-of
Read more here: https://www.blm.gov/programs/energy-and-minerals/oil-and-gas/leasing/regional-lease-sales/alaska
and here: https://www.alaskapublic.org/2019/06/20/planning-for-2019-npr-a-oil-lease-sale-begins-as-feds-pursue-opening-more-arctic-land-to-drilling/
Live webcast; The opening and reading of the bids for the 2019 NPR-A lease sale
will be available via video livestreaming at http://www.blm.gov/live .
8.
July 14, 2019 Multiple BLM Notices
and Proposed Rules with links to comment pages. Constantly updated. https://www.esa.org/public-policy/stay-informed/federal-register-opportunities/
9.
July 14, 2019 Multiple Ozone
Standards - EPA is doing this state-by-state. https://www.regulations.gov/searchResults?rpp=25&po=0&s=ozone&fp=true&ns=true
10.
Comments must be received on or
before midnight EDT September 25, 2020. Exposure of Underground
Miners to Diesel Exhaust Request for
Information; reopening of the rulemaking record for public
comments. Because of comments, comment period extended to Sept.
25, 2020. https://www.regulations.gov/document?D=MSHA-2014-0031-0185 Federal Register version comment period ends 09/25/2020 https://www.federalregister.gov/documents/2019/03/25/2019-05443/exposure-of-underground-miners-to-diesel-exhaust Update - “The comment period for the request for information,
published on June 8, 2016 (81 FR 36826), which was scheduled to close on
March 26, 2019 (58 FR 12904) is extended. An important comment
here: https://www.regulations.gov/document?D=MSHA-2014-0031-0180 "This reopened RFI takes into account
information originally gathered and shared from NIOSH, NCI, and the
International Agency for Research on Cancer (IARC) which shows a correlation to
exposure to diesel exhaust, a classified human carcinogen, and negative impact
on miners health (Exposure of Underground Miners to Diesel Exhaust, 81 Fed.
Reg. 110, 36826-36827 (June 8, 2016). On page 36827, stakeholders, MSHA, and
the Diesel Exhaust Health Effects Partnership (Partnership) decided that more
research and complex questions needed to be gathered and answered before
allowing miners to continue working in DPM in the air. Potential for new
technology and stricter standards that are in compliance with EPA DPM
standards. "https://www.regulations.gov/document?D=MSHA-2014-0031-0182 And this study: https://www.cancer.gov/news-events/press-releases/2012/DieselMinersPressRelease
11.
5/20/2019. EPA Plan to change method
of reporting pollution deaths. "E.P.A. Plans
to Get Thousands of Pollution Deaths Off the Books by Changing Its
Math". Not posted yet as a proposal. https://www.nytimes.com/2019/05/20/climate/epa-air-pollution-deaths.html: Several people with knowledge of the EPA plan told the New York Times that using a new analytical model
to calculate air pollution deaths could make it easier for the federal
government to move forward with eliminating the Clean Power Plan, a key climate
change rule put into place under the Obama administration. Read more: https://www.nytimes.com/2019/05/27/us/politics/trump-climate-science.html https://www.columbiamissourian.com/editorial-air-likely-to-be-more-polluted-under-new-epa/article_7ae47774-8238-11e9-befa-8b81c28c91d2.html
12.
2019 BLM oil and gas lease sales -
still for sale. Document listing all projects : https://eplanning.blm.gov/epl-front-office/projects/nepa/116438/162409/198093/2018.11.15_DNA_doc_March_2019_OGLsSa.pdf Website listing upcoming sales: https://eplanning.blm.gov/epl-front-office/eplanning/nepa/nepa_register.do And the site doing the selling
where you can buy leases starting at $2 and acre: https://www.energynet.com/govt_listing.plSee the calendar of government leases sales here: https://www.energynet.com/calendar.pl
13. BLM’s own e-planningsite:
Section III - CIVIL RIGHTS, TITLE IX, HEALTH, EDUCATION, FOOD,
BANKING, HOUSING and FCC
1.
Comments due 12/9/2019. Margin and Capital
Requirements for Covered Swap Entities. - Federal Banking Agencies
propose rule to amend swap margin rules. Big giveaway to banks. Read it and
comment here: https://www.federalregister.gov/documents/2019/11/07/2019-23541/margin-and-capital-requirements-for-covered-swap-entities
Read more
here: Banking Regulators Should Not Give Wall Street’s Five Biggest Banks, a
$40 Billion Deregulatory Gift for Their Dangerous Derivatives Trading. https://sensiblesafeguards.org/banking-regulators-should-not-give-wall-streets-five-biggest-banks-a-40-billion-deregulatory-gift-for-their-dangerous-derivatives-trading/
2.
Dated 8/28/2019 and posted 9/10/2019.
No comment information included, proposed rule. USDA withdraws several
regulations on important areas - Performance
Standards for the Production of Processed Meat and Poultry Products.NPRM
............ 8/03/2006 71 FR 43992 APHIS .................... 0579–AE02
.... Livestock Marketing Facilities ....................................
NPRM ............ 1/2/2015 80 FR 6 FNS ........................ 0584–AD88
.... Supplemental Nutrition Assistance Program: Farm Bill of 2008 Retailer
Sanctions.NPRM ............ 8/14/2012 77 FR 48461 FNS ........................
0584–AE00 .... Emergency Supplemental Nutrition Assistance for Victims of
Disasters Procedures. No comment instructions. https://www.federalregister.gov/documents/2019/09/10/2019-19572/withdrawal-of-certain-proposed-rules
3.
August 12, 2019. Medicaid work
requirements. https://www.federalregister.gov/documents/2019/08/12/2019-17161/agency-information-collection-activities-proposed-collection-comment-request One in a string of proposals, analyzed here: https://www.kff.org/medicaid/issue-brief/understanding-the-intersection-of-medicaid-and-work-what-does-the-data-say/ and https://www.kff.org/medicaid/issue-brief/medicaid-waiver-tracker-approved-and-pending-section-1115-waivers-by-state/
4.
Coming as a proposed regulation. From June: Proposal to recalculate how the Federal government
calculates poverty rates so as to reduce benefits to poor people. This was
a notice - proposed rule will follow sometime. I'm putting this here as a
place-holder because it’s coming. https://www.regulations.gov/document?D=OMB-2019-0002-0001 Article about it here: https://www.nytimes.com/2019/05/07/us/politics/trump-poverty-level-proposal.html
5.
May-June 2019 Concerted Attack on
Civil Rights. https://drive.google.com/open?id=1WH2B132JsR2fSqylMATCHmU-9BCq4bMs Learn more about the proposed regulation and how to fight it here (you
can submit a comment).: https://protecttranshealth.org/
6.
Extending Medicaid provisions: Some
include work-requirements. These are by state. Some have comments open - usual time period is one month. Those
with open comments are at the top of the list. Some good news: https://khn.org/morning-breakout/medicaid-expansion-becoming-more-politically-palatable-as-link-to-obama-administration-fades-in-peoples-minds
https://public.medicaid.gov/connect.ti/public.comments/whatsNew
7.
Update from Kaiser Family Foundations
3/13/2019: https://www.kff.org/medicaid/issue-brief/partial-medicaid-expansion-with-aca-enhanced-matching-funds-implications-for-financing-and-coverage/
8.
Not posted as a regulation but
followed as policy. State Medicaid block grants. Many view this as a way to cut Medicaid to
individuals. Also see link to state updates above. https://www.kff.org/medicaid/issue-brief/medicaid-what-to-watch-in-2019-from-the-administration-congress-and-the-states/ https://www.kff.org/health-reform/fact-sheet/tracking-section-1332-state-innovation-waivers/
Federal Government Sites:
1.
https://www.fedcenter.gov/news/regs/
2.
Overview of Trump Regulatory actions: See White House Complete Government “Reform” plan - it is sweeping and
alarming: https://www.whitehouse.gov/wp-content/uploads/2018/06/Government-Reform-and-Reorg-Plan.pdf and their regulations office: https://www.whitehouse.gov/omb/information-regulatory-affairs/
4.
USCIS Federal Register Announcements: https://www.uscis.gov/legal-resources/uscis-federal-register-announcements
Non-governmental
sites providing up-to-date overviews and discussions of regulatory rollbacks:
1.
Trump’s regulatory agenda - status,
challenges, enforcement or lack of, etc. https://www.govexec.com/management/2019/02/many-ways-gauge-results-trumps-deregulatory-push/155195/
3.
General advice on comment on
regulations, includes a search tool: https://demcastusa.com/2019/10/03/how-to-public-comment-on-federal-regula tions/
4.
Discussion of regulations.gov ongoing
and upcoming issues from Yale Law and ABA http://yalejreg.com/nc/ and for discussion of banking, commerce,
and energy regulation – http://yalejreg.com/
5.
Department of Transportation.
Employment - hours of service - tracking trucking driver regulations: https://www.truckingoffice.com/blog/federal-dot-regulations-recent-changes-hours-service/
6.
Employment law tracker: https://www.nelp.org/tracker/ Weekly updates
on Trump effects on labor. See also: https://tax.thomsonreuters.com/blog/dols-regulatory-to-do-list-tackles-flsa-fmla-and-work-visa-issues/
7.
Environmental regulation roundup: https://www.hcn.org/articles/department-of-interior-zinke-leaves-unfinished-business-at-the-interior-department/legal-status-of-interior-department-during-the-trump-administration
10. Environmental regulation rollback tracking: https://www.foodandwaterwatch.org/problems http://saveepaalums.info/ Also see their comments on specific regulatory rollbacks: http://saveepaalums.info/submittedcomments https://eelp.law.harvard.edu/regulatory-rollback-tracker/ Other trackers here: https://eelp.law.harvard.edu/2018/07/tracking-the-trackers/
11. Brookings Institution “Tracking Deregulation in the Trump Era.” https://www.brookings.edu/interactives/tracking-deregulation-in-the-trump-era/ and
14. EPA regulation rollbacks: https://www.environmentalintegrity.org/trump-watch-epa/regulatory-rollbacks/
15. EPA Dozens of proposals for significant new
uses of chemicals. Too many to list here but this link will take you to the
current proposals. https://www.regulations.gov/searchResults?rpp=25&so=DESC&sb=postedDate&po=0&np=7&dct=N%2BPR%2BFR&cp=O&a=EPA This is an article on the EPA rush to reclassify chemicals and
toxic substances from the Environmental Defense Fund: http://blogs.edf.org/health/2018/09/19/the-tsca-new-chemicals-mess-a-problem-of-the-chemical-industrys-own-making/ https://www.edf.org/blog/2019/06/17/7-ways-trumps-epa-breaking-our-bipartisan-chemical-safety-law
16. Upcoming Public Federal Meetings and Comment opportunities on the
environment/ecology: https://www.esa.org/esablog/federal-register-opportunities/ https://www.esa.org/esablog/federal-register-opportunities/
17. Law of the Land Project from Center for
American Progress. Tracks regulations and litigation with status
updates. https://www.lawofthelandproject.org/
18.
Environment: Forest
Service Employees for Environmental Ethics https://www.fseee.org/take-action/help-save-the-tongass/
20. EPA’s own Inspector General report critical of EPA
biosludge policy and public health risks: https://www.epa.gov/sites/production/files/2018-11/documents/_epaoig_20181115-19-p-0002.pdf
21. FCC pending and in-place regulations – https://www.commlawblog.com/2019/02/articles/fcc/fcc-ponders-revising-severalnce-and-lpfm-procedures/ and https://urgentcomm.com/type/fcc/
23. Federal Facilities Environmental Stewardship Center - where the Feds deal seriously with climate change: https://www.fedcenter.gov/news/regs/ See American Institute of Physics Report on Trump
admin. plan for research and development - https://www.aip.org/fyi/2018/trump-administration-identifies-rd-priorities-its-next-budget-request and DOE 2019 plan - https://www.aip.org/fyi/2018/fy19-budget-request-doe-applied-rd-slashed-again
24. Healthcare: Overview of Medicare financial plans for hospitals for
2019-2020. https://www.advisory.com/research/revenue-cycle-advancement-center/at-the-margins/2019/04/ipps-rule
25. HHS healthcare rollbacks, proposed
regulations and proposed legislation from Congress.
https://www.natlawreview.com/article/mcdermottplus-check-february-15-2019
26. Immigration regulation tracking: Government
Public Comment Opportunities On Immigration Rules And Policies https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Government_Public_Comment_Opportunities_On_Immigration_Rules_And_Policies/
27. Immigration: list of regulatory changes open for comment: https://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Government_Public_Comment_Opportunities_On_Immigration_Rules_And_Policies/
28. Immigration - good summary of all immigration rules at several government
agencies - USCIS, DOJ, DOS: https://www.aila.org/advo-media/issues/all
and https://www.aila.org/advo-media/issues/all/public-charge-changes-at-uscis-doj-and-dos
34. Public Lands Tracking legal battles over the future of
America’s public lands: https://www.lawofthelandproject.org/
35. SEC Regulatory site: https://www.sec.gov/rules.shtml for information on proposed changes to financial rule and markets.
36. Department of Transportation New and pending
rules. https://www.transportation.gov/regulations/report-on-significant-rulemakings
38. For effective Commenting on Regulations, please read https://www.regulations.gov/docs/Tips_For_Submitting_Effective_Comments.pdf and “How to Comment on EPA dockets”: https://www.epa.gov/dockets/commenting-epa-dockets
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