Regulatory Transactions

From: Fairbanks Daily News-Miner

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It was in the final week of the Obama administration that the Interior Department’s then-solicitor general, Hilary C. Tompkins, announced that a 1936 action by Congress to extend a provision of the Indian Reorganization Act to Alaska “provides specific authority for the secretary (of Interior) to take Alaska lands into trust.” Ms. Tompkins also determined that the authority was not limited by a U.S. Supreme Court decision on the subject and that neither the Alaska Native Claims Settlement Act of 1971 nor the Federal Land Policy and Management Act “expressly or impliedly repeal that authority.”

From: JD Supra

Karen Bennett, Christopher Clare, Amanda Tharpe, Kenneth von Schaumburg

The White House Council on Environmental Quality (“CEQ”) has issued an Advanced Notice of Proposed Rulemaking (“ANPRM”) providing an exceptional opportunity for stakeholders to participate in improving the federal National Environmental Policy Act (“NEPA”) review process.  The ANPRM, entitled “Update to the Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act” (“NEPA”), was issued on June 20, 2018 pursuant to Executive Order 13807, “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects” (“E.O. 13807”).  E.O. 13807 directs CEQ to suggest actions to modernize the federal environmental review process and was one of several steps taken by the Trump Administration aimed at streamlining an often burdensome and lengthy regulatory review process.  Comments are due by July 20, 2018.

From: WorkBoat

By Pamela Glass

A sign notified port workers, longshoremen and truckers at Conley Terminal in Massachusetts of the Oct. 15, 2008 deadline for obtaining a Transportation Worker Identification Credential (TWIC). USCG photo.

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The Office of Management and Budget (OMB) is seeking public comments on “how the federal government may prudently manage regulatory costs imposed on the maritime sector.” The initiative is part of President Trump’s February executive order instructing federal agencies to review regulations they enforce and make recommendations on which rules should be repealed, replaced or modified.

From: Drone Life

Posted By: Miriam McNabb

The Commercial Drone Alliance (CDA) met yesterday with the Office of Information and  Regulatory Affairs (OIRA) at the White House.  CDA representatives discussed the Alliance positions on two regulatory issues: drone flight over people and general drone security.

From: Agri-Pulse

By Steve Davies

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OMB’s Office of Information and Regulatory Affairs coordinates review of proposed rules with other government agencies. OIRA has 90 days to review proposals, but the rulemaking agency or agencies can extend that review indefinitely. The latest regulatory agenda published by the administration anticipates the publication of a proposed WOTUS rule in the Federal Register by August and a final rule by November 2019.

From: India-West

SUNITA SOHRABJI, India-West Staff Reporter

The Department of Homeland Security filed a status update May 22 with the DC Court of Appeals noting that it is awaiting final clearance on a rule to rescind work authorization for certain H-4 visa holders. A final rule is not expected to be issued until 2019. Last month, 130 members of Congress, led by Indian American Rep. Pramila Jayapal, urged DHS to continue the work authorization. (Jay Sharma/SaveH4EAD photo)

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In its status report, DHS noted that once the proposed draft has received final clearance from its agency, it will be sent to the Office of Management and Budget for review.

Editor’s Note: See also, CRE on the EPA Science Initiative and CRE Position on EPA Science Plan Takes Its Toll.

From: Bloomberg News

By ERIC ROSTON, BLOOMBERG NEWS

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Two pesticide trade groups also filed comments: CropLife America, whose members include Monsanto Co., DuPont Crop Protection and Growmark Inc., and Responsible Industry for a Sound Environment.

Janet Collins, an executive vice president of CropLife, wrote that the proposed rule “likely will have far-reaching implications for the organization’s members whose products are closely regulated as part of the EPA Office of Pesticide Programs.”

Read Complete Article

From: Bloomberg

By Mark Chediak

• Trump administration seeks to curb state’s power to set rules
•  ‘Standards on the books actually should be on the books’

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“We are now, I think it is fair to say, in a confusing situation,” Mary Nichols said Tuesday at the Edison Electric Institute convention in San Diego. “Maybe in the first time in recorded history, California and the auto industry are mostly in agreement that standards on the books actually should be on the books, and California should have a place in implementing those standards.”

From: FEDWeek

The 24 departments and large agencies participating in the Data Center Optimization Initiative have made “mixed progress” toward achieving the targets OMB set for them to meet by the September and especially are falling short on achieving projected savings, GAO has said.

While most have met or have plans to meet goals for closing and consolidating those centers, four do not have plans and another two are working with OMB to set revised targets, a report said.

Read Complete Article

From: NY Times via Northwest Arkansas Democrat Gazette

By Coral Davenport

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A spokesman for the EPA confirmed Thursday that the agency had completed its work on the proposed regulatory rollback and sent it to the White House Office of Management and Budget for review. Typically that is the final step before a proposed rule is published in the Federal Register. The rules are then open for public comment before taking effect, during which the terms could still be modified.