West Virginia Attorney General Patrick Morrisey was among those present in the Oval Office showing their support and appreciation when President Trump signed an executive order directing the Environmental Protection Agency and the U.S. Army Corps of Engineers to review the grossly overbroad “navigable waters” rule, prepare to rescind it, and suspend litigation regarding it.
Now Morrisey and attorneys general from 13 other states have filed an amicus brief in U.S. District Court for the District of Columbia to show their support for Trump's overall effort to reduce the regulatory impediments to American productivity and prosperity, specifically his “1-in 2-out” executive order requiring federal agencies to eliminate two existing regulations for every new one promulgated.
Trump's order is being challenged by Naderite, anti-corporate nonprofit Public Citizen.
“Over the last several years, the administrative state has accelerated further the long-term growth of new regulatory burdens, while rarely eliminating unnecessary regulations issued in the past,” Morrisey, et al. assert in their brief. “The result is a situation where agencies have implemented far more regulatory burdens than Congress ever envisioned. This unlawfully-imposed burden has been largely borne by the States and their citizens.”
Morrisey and peers believe Trump's two-for-one rule will “reduce the sprawl of unnecessary, costly regulations, consistent with Congressional intent and important public policy considerations.”
They note that federal agencies issued more than 80,000 pages of regulations in 2015 and 59 “economically significant regulations.” Had it been in effect at the time, “President Trump’s Order would have required the agencies to identify a manageable 118 rules for repeal to offset the costs of significant new rules enacted.”
They said that the previous administration was extravagant in its rulemaking and that the number of rules needed to be eliminated going forward “would be lower to the extent the new administration issues fewer new proposed rules than its predecessor.”
The court should uphold Trump's order and allow the federal government to restore friendly relations with the states and their citizens.