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1. A thread on a speech today by Solicitor General, Noel Francisco, at @TheJusticeDept summit urging legislative amendment of the Administrative Procedure Act, and further Trump administration-led ‘regulatory reforms.’ justice.gov/opa/speech/sol…

Here's the speech's key paragraph:
@TheJusticeDept 2. First, 2 points for context: this speech occurs against a backdrop in which the Trump administration has been a serial violator of the Administrative Procedure Act, the worst I have seen by a 1st-term president in my 25+ years practicing environmental & administrative law.
@TheJusticeDept 3. Commentators on the right & left agree the Trump administration’s track record in court is abysmal when it comes to following the Administrative Procedure Act. washingtonpost.com/world/national… & propublica.org/article/presid…

A 6% court victory rate.
@TheJusticeDept 4. Second, even industry proponents of deregulation realize the Trump “administration has given regulatory reform a bad name” because it is so disdainful of administrative law and crazed & sloppy about deregulation. washingtonpost.com/world/national…
@TheJusticeDept 5. So, I cannot help but observe, wryly, that I bet the Trump admin. DOES want to amend this law that they have violated so often & so egregiously.

The Trump admin. is almost uniquely situated to be an unconvincing proponent for regulatory reform & legislative reform of the APA.
@TheJusticeDept 6. The SG mentions “numerous legislative proposals that have been made— & in some cases passed by the House—to reform the APA.” What he doesn’t say is a GOP House passed these before 2018. Democrats fiercely opposed the bills & they aren't being taken up by a Democratic majority.
@TheJusticeDept 7. Some Republicans & industry lobbyists are pushing APA reform bills to mire agency rulemakings for safeguards in cumbersome, costly trial-type or formal rulemakings that critics decry as obsolete & ineffectual. theregreview.org/2017/08/21/lev…
@TheJusticeDept 8. Other GOP bills promote distorted & biased benefit-cost analysis & outcomes, for example “require[ing] agencies to choose the lowest-cost regulatory option”—for industry & corporations—"and not the option that maximizes net benefits to” to Americans. policyintegrity.org/files/media/Re…
@TheJusticeDept 9. Yet other GOP bills eliminate longstanding judicial doctrines for reviewing agencies’ statutory interpretations, letting judges substitute their views for agencies’ expertise & agencies' reasonable interpretations of statutes. republicans-judiciary.house.gov/wp-content/upl… & nrdc.org/sites/default/…
@TheJusticeDept 10. I testified against this House GOP bill, The Separation of Powers Restoration Act of 2016,” observing that the bill’s sponsors plainly were motivated by hostility to regulations, safeguards & protections for the public, rather than lofty concerns for separation of powers.
@TheJusticeDept 11. The SG speech alludes to all three of these GOP bills, but without hinting at their hyper-partisan origins & agendas, the strong objections they have faced, & their harmful consequences for legal protections for workers, consumers, public health & the environment.
@TheJusticeDept 12. Speech continues, noting Trump admin.’s focus on “significant regulatory reforms,” “such as limiting the practice of rulemaking by guidance.”

This can only prompt a cynical chuckle from anyone familiar w/ Trump @EPA & its 3-year rampage rolling back safeguards via guidance.
@TheJusticeDept @EPA 13. The Trump @EPA has issued TWENTY deregulatory guidance documents under just ONE Clean Air Act program, so perhaps the Solicitor General or Trump needs to pick up the phone to call @EPAAWheeler to rebuke his guidance frenzy. epa.gov/nsr/new-source…
@TheJusticeDept @EPA @EPAAWheeler 14. The core paragraph in the SG speech ends by noting Deputy Attorney General Jeffrey Rosen “will deliver a keynote address discussing the Department’s reform plans in greater depth.”

I will look forward to reading it.
@TheJusticeDept @EPA @EPAAWheeler 15. In the meantime, what do we know about Mr. Rosen’s views on “regulatory reform.”

He is a proponent of “regulatory budgets,” reflected in a Trump executive order, to constrain agencies' implementation of federal statutes by adopting safeguards. brookings.edu/research/the-l…
@TheJusticeDept @EPA @EPAAWheeler 16. Trump admin. “has issued very few new regulations,” ignoring pressing & emerging problems like climate change, PFAs, asbestos, ethylene oxide, other toxic chemicals & pesticides. Regulatory budgets give short shrift to *benefits*, statutory mandates & ultimately Rule of Law.
@TheJusticeDept @EPA @EPAAWheeler 17. Rosen, in Bush DOT “testified about participating in the termination of 180 potential rules.” eenews.net/stories/106009…
At WH OMB, he strongly opposed EPA regulation of GHGs & was there during tragi-comic episode when OMB refused to open EPA emails w/ GHG endangerment finding.
@TheJusticeDept @EPA @EPAAWheeler 18. The Solicitor General’s speech casts the need for Trump administration-led “regulatory reforms” & a push for legislative amendments to the Administrative Procedure Act as simply a matter of “modernizing and improving the APA.” justice.gov/opa/speech/sol…
@TheJusticeDept @EPA @EPAAWheeler 19. Against this backdrop of hostile & partisan attacks on safeguards via GOP legislation & Trump rollbacks, let’s acknowledge there will be healthy skepticism about these reform agendas.

Because we’ve seen it all before—and it seems to be pushing the same old, unhealthy agenda.
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