Here’s an example of how environmental groups are using our federal courts to fight the Trump regulatory rollback agenda. NRDC and the Communications Workers of America have sued to overturn E.O. 13771 – the “2 for 1” directive.
This Executive Order requires that each new regulation must be accompanied by the removal of two regulations – based solely on a very simplistic costs/benefits analysis.
The two public interest groups have asked the DC district court to stop the E.O. because agencies are directed to consider only costs – not benefits – of the regulations. Many environmental laws also include specific criteria on how to balance costs/benefits, and this E.O. attempts to overrule those requirements (without any process to change the law).
The Trump DOJ asked the district court to delay a hearing on the groups’ suit – and the judge (thankfully) declined.
Civil Action No. 17-253 in the District Court of the District of Columbia – one to follow!