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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.)

Closing Soon


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


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

1.         New Regulations.gov beta site - is easier to read. https://beta.regulations.gov/


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


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/


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


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 Coveragehttps://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&currentPageId=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/



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


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


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/

9.        Kaiser Health News take here: https://khn.org/news/block-grants-medicaid-faq/



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/

3.        Tracking regulations by Agency and Industry: https://quantgov.org/federal_regulation_tracker/

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/

2.        Overview of regulatory rollbacks: https://sensiblesafeguards.org/

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/



9.        Tracking Alaska Oil and Gas drilling: https://inletkeeper.org/our-work/energy-alaska/oil-gas/


11.     Brookings Institution “Tracking Deregulation in the Trump Era.” https://www.brookings.edu/interactives/tracking-deregulation-in-the-trump-era/ and 

12.    Rules at Risk: https://rulesatrisk.org/

13.    For state impact - listed by state: https://www.trinityconsultants.com/news/states


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/

19.    EPA Regulation Watch blog. http://acoel.org/category/Regulation.aspx

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



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/


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

29.   Immigration law resources - great resource: https://www.aila.org/infonet

30.   Labor: Federal Labor Impacts: https://ucommblog.com/section/politics/national-politics

31.   Labor: National Employment Law Project: https://www.nelp.org/ 

32.  Medicare/ACA tracking changes: https://blog.medicarerights.org/category/medicare-watch/

33.   Native American issues. https://turtletalk.blog/

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

37.    USDA Regulatory actions: http://www.afdo.org/blog/7879271

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

39.   Proposed “Regulatory Reform Agenda”: https://www.reginfo.gov/public/jsp/Utilities/index.jsp

40.   Search and track all Federal regulations at https://regulations.justia.com/

41.    Special filings this week: https://www.federalregister.gov/public-inspection/current




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