A pandemic is no time to roll back public protections.
Yet despite calls from lawmakers, advocacy organizations and even some businesses to suspend nonroutine rulemaking unrelated to the coronavirus, President Donald Trump has directed agencies to press forward with his dangerous, unpopular and corrupt deregulatory agenda as if it’s business as usual.
This administration appears eager to take advantage of the crisis and ram through deregulatory policies while the rest of the country is distracted. These actions have come despite guidance from the White House Office of Management and Budget directing agencies to prioritize their resources on contributing to the administration’s pandemic response.
Contrary to claims by opponents of effective safeguards, rolling back public protections will do nothing to stimulate economic recovery. Stronger safeguards are key to promoting public confidence and participation in normal, daily economic activity.
While the Coalition for Sensible Safeguards has taken no formal position on rulemaking moratoria, we are alarmed that so many of the rollbacks listed below will worsen and protract the current crisis – and set in motion easily prevented deregulatory disasters that will plague our nation and our world long after the pandemic has ended.
The tables below track nonroutine rulemakings unrelated to the coronavirus that the administration has actively advanced since March 13, 2020 – the date a national emergency was declared in response to the pandemic. The rules are divided into two tables: (1) final rules that the White House has cleared to take effect and (2) rules still under development for which agencies have begun the process of gathering public comments.
Federal action on both types of rules is concerning when they harm the public, workers or our environment. Proposed rules that move forward during the national emergency are problematic, because affected parties are less able to provide input as required by law and should have additional time to provide comments. Finalizing rules unrelated to the pandemic saps agency resources that should be directed toward the ongoing crisis.
Please contact David Rosen at drosen@citizen.org with questions or to connect with a policy expert.
Pandemic Rollback Tracker
Table of Final Rules
Table of Proposed Rules
| Proposed Rule Name | Agency | Arrived at OIRA | Review Concluded | Federal Register |
|---|---|---|---|---|
| Exploratory Drilling on the Arctic Outer Continental Shelf | Department of the Interior | 04/24/2020 | 10/22/2020 | 12/09/2020 |
| School Lunch Nutrition Standards Weakening | Department of Agriculture | 10/26/2020 | 11/17/2020 | 11/25/2020 |
| Environmental Reviews (NEPA Rollback) | Department of Transportation | 09/22/2020 | 11/05/2020 | 11/23/2020 |
| Oil & Gas Financial Assurance | Department of the Interior | 11/20/2019 | 08/28/2020 | 10/16/2020 |
| Coal Royalty and Civil Penalty Reduction | Department of the Interior | 07/23/2020 | 07/28/2020 | 10/01/2020 |
| Independent Contractor Redefinition | Department of Labor | 08/28/2020 | 09/18/2020 | 09/25/2020 |
| Asylum Adjudication and Application | Department of Justice | 07/24/2019 | 08/31/2020 | 09/23/2020 |
| Nationwide Wetlands Modification Permit Loosening | Army Corps of Engineers | 01/29/2019 | 07/31/2020 | 09/15/2020 |
| Global Gag Rule Extension to Contracts | Defense Department | 3/11/2020 | 5/27/2020 | 09/14/2020 |
| Oil & Gas Site Security, Oil & Gas Measurement | Department of the Interior | 08/14/2019 | 06/10/2020 | 09/10/2020 |
| Endangered Wildlife Critical Habitat Redefinition | Fish and Wildlife Service/National Oceanic and Atmospheric Administration | 05/13/2020 | 07/17/2020 | 09/08/2020 |
| Shareholder Voting Limitation (Proxy Advisors) | Department of Labor | 07/13/2020 | 08/28/2020 | 09/04/2020 |
| Oil/Gas Development in National Forests | Department of Agriculture | 03/26/2020 | 07/31/2020 | 09/01/2020 |
| Immigration Proceeding Appeals Restrictions | Department of Justice | 05/19/2020 | 08/03/2020 | 08/26/2020 |
| The Showerhead Rule | Department of Energy | 02/13/2020 | 05/20/2020 | 08/13/2020 |
| Clothes Washer/Dryer Efficiency Reduction Standard | Department of Energy | 02/18/2020 | 05/20/2020 | 08/13/2020 |
| Homeless Transgender Anti-discrimination Protections | Department of Housing and Urban Development | 04/24/2019 | 06/04/2020 | 07/24/2020 |
| Revised Fiduciary Rule for Investment Managers | Department of Labor | 06/01/2020 | 06/25/2020 | 07/07/2020 |
| Migrant Asylum Procedures Revisions | Department of Justice | 05/14/2020 | 05/29/2020 | 06/15/2020 |
| Clean Air Act Cost-Benefit Analysis Revision | Environmental Protection Agency | 04/14/2020 | 06/03/2020 | 06/11/2020 |
| Pipeline Safety: Gas Pipeline Regulatory Reform | Department of Transportation | 10/21/2019 | 05/22/2020 | 06/09/2020 |
| Air Quality Standards for Particulate Matter | Environmental Protection Agency | 03/04/2020 | 04/15/2020 | 04/30/2020 |
| Removal of Firearm Ban at Water Resource Projects | Army Corps of Engineers | 11/22/2019 | 03/13/2020 | 04/13/2020 |
| Automated Vehicle Crashworthiness Standards | National Highway Traffic Safety Administration | 12/13/2019 | 03/13/2020 | 03/30/2020 |
| Censored Science Rule | Environmental Protection Agency | 11/12/2019 | 03/02/2020 | 03/18/2020 |
| SNAP Work Requirements | Department of Agriculture | 12/03/2019 | 03/03/2020 | 03/17/2020 |
| Environmental Review Streamlining | Department of Housing and Urban Development | 09/21/2020 | 12/18/2020 | |
| Poultry Inspection Speed Increase | Department of Agriculture | 11/06/2020 | ||
| Housing Discrimination Liability Narrowing | Department of Housing and Urban Development | 09/23/2020 |
Calls to Pause Rulemaking and Extend Comment Periods
Public Interest Groups
Leadership Conference on Civil and Human Rights – May 7, 2020
Coalition for Sensible Safeguards – April 23, 2020
National Low-Income Housing Coalition (housing) – April 10, 2020
47 Public Interest Groups – March 24, 2020
Chesapeake Bay Foundation – March 23, 2020
170 Public Interest, Labor and Grassroots Organizations – March 19, 2020
Lawmakers and Regulators
18 U.S. Senate Democrats (EPA) – April 14, 2020
U.S. House Committee on Financial Services Democrats (financial) – April 7, 2020
U.S. House Committee Chairs – April 1, 2020
21 State Attorneys General – March 31, 2020
National Associations of Governors, State Legislatures, Mayors, Counties and Cities – March 20, 2020
U.S. Sen. Sherrod Brown (D-Ohio) (financial) – March 17, 2020
Regulated Industries and Businesses
Independent Community Bankers Association – March 30, 2020