The nonprofit Natural Resources Defense Council (NDRC) [advocacy website] filed a lawsuit [complaint, PDF] on Wednesday accusing the Environmental Protection Agency (EPA) [official website] of illegally rescinding a rule that reduced the discharge of mercury from dental offices. The complaint stated [NDRC press release] that the rule was withdrawn the same day President Donald Trump [official website] was inaugurated after White House Chief of Staff Reince Priebus directed federal agencies to “immediately withdraw” final rules that were about to be published. The NDRC claims that the rule could not be withdrawn as it was subject to the Clean Water Act [text, PDF] provision, which forbids withdrawal. The NDRC therefore claims that the EPA had no authority to rescind the final rule without getting public comment and going through the full rule-making process. They hope to undo the rule’s rescission with this action.
This comes two days after Trump signed an executive order [JURIST report] aimed at cutting federal regulations. The president, in an attempt to reduce the amount regulations, signed the order that requires two regulations to be eliminated for every new one created. The president stated that this would spur economic growth and the entrepreneurial spirit and we do not need “97 different rules to take care of one element.”