The WORST executive order

["Dave Farber" <farber () gmail com>]

I just wanted to make it clear once again for newcomers that I try to cover all sides of an issue and will be happy to 
forward thoughtful unemotional factual notes djf

Begin forwarded message:

> From: Paul Alan Levy <plevy () citizen org>
> Date: February 8, 2017 at 10:06:18 AM EST
> To: "'dave () farber net'" <dave () farber net>
> Subject: The WORST executive order
>
> With all the attention focused on the executive orders on immigration and other matters, the furthest reaching of 
> POTUS’s executive orders has been flying a bit under the radar, and not receiving the attention is deserves:”    
> Executive Order 13771 forbids any new regulation that does not include the repeal of at least two other regulations, 
> regulations which, of course, would have been adopted after notice and comment and found to have benefits that 
> outweigh their costs.  And it requires agencies to consider ONLY the cost of regulations without paying attention to 
> their benefits.
>  
> My colleagues Allison Zieve, Scott Nelson and Sean Sherman have filed suit to overturn that EO under both the APA and 
> the Constitution
>  
> From: Don Owens 
> Sent: Wednesday, February 08, 2017 9:56 AM
> To: AllPC
> Subject: Trump administration sued today on regs order
>  
> Consumer, Environmental and Workers Groups File Legal Challenge to Trump’s ‘One-In, Two-Out’ Executive Order on 
> Regulations
>
> Public Citizen, NRDC and Communications Workers of America Seek Injunction Barring Agencies From Following Order
>
> Feb. 8, 2017
>
> Contact:
> Angela Bradbery, abradbery () citizen org, (202) 588-7741
> Anne Hawke, ahawke () nrdc org, (646) 823-4518
> Phillip Ellis, pellis () earthjusctice org, (202) 745-5221
> Candice Johnson, cjohnson () cwa-union org, (202) 434-1168
>
> WASHINGTON, D.C. – Public Citizen, the Natural Resources Defense Council (NRDC) and the Communications Workers of 
> America sued the Trump administration today to block an executive order signed by President Donald Trump on Jan. 30 
> that directs federal agencies to repeal two federal regulations for every new rule they issue.
>
> The plaintiffs are asking the court to issue a declaration that the order cannot be lawfully implemented and bar the 
> agencies from implementing the order.
>
> The order requires new rules to have a net cost of $0 this fiscal year, without taking into account the value of the 
> benefits of public protections.
>
> The suit, filed in the U.S. District Court for the District of Columbia, names as defendants the president, the 
> acting director of the Office of Management and Budget (OMB) and the current or acting secretaries and directors of 
> more than a dozen executive departments and agencies. The complaint alleges that the agencies cannot lawfully comply 
> with the president’s order because doing so would violate the statutes under which the agencies operate and the 
> Administrative Procedure Act.
>
> “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,” Public 
> Citizen President Robert Weissman said. “If implemented, the order would result in lasting damage to our government’s 
> ability to save lives, protect our environment, police Wall Street, keep consumers safe and fight discrimination. By 
> irrationally directing agencies to consider costs but not benefits of new rules, it would fundamentally change our 
> government’s role from one of protecting the public to protecting corporate profits.”
>
> “President Trump’s order would deny Americans the basic protections they rightly expect,” said NRDC President Rhea 
> Suh. “New efforts to stop pollution don’t automatically make old ones unnecessary. When you make policy by tweet, it 
> yields irrational rules. This order imposes a false choice between clean air, clean water, safe food and other 
> environmental safeguards.”
>
> CWA President Chris Shelton said, “It is unbelievable that the Trump administration is demanding that workers trade 
> off one set of job health and safety protections in order to get protection from another equally dangerous condition. 
> This order means that the asbestos workplace standard, for example, could be discarded in order to adopt safeguards 
> for nurses from infectious diseases in their workplaces. This violates the mission of the Occupational Safety and 
> Health Administration to protect workers’ safety and health. It also violates common sense.”
>
> The plaintiffs in the lawsuit are represented by lawyers at Public Citizen Litigation Group, NRDC, CWA and 
> Earthjustice.
>
> “When presidents overreach, it is up to the courts to remind them no one is above the law and hold them to the U.S. 
> Constitution,” said Earthjustice attorney Patti Goldman. “This is one of those times.”
>
> A draft 2016 report to Congress from the White House OMB estimates that the annual benefits from all major 
> regulations over the past 10 years for which agencies monetized both benefits and costs were between $269 billion and 
> $872 billion, while the costs were between $74 billion and $110 billion, in 2014 dollars. OMB’s 2005 report to 
> Congress estimated that major rules from the previous 10 years provided annual benefits of $69.6 billion to $276.8 
> billion, while costing between $34.8 billion and $39.4 billion.
>
> Read questions and answers about the case.
>
> ###
>
> © 2017 Public Citizen • 1600 20th Street NW / Washington, D.C. 20009 • unsubscribe



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