Jan 06 2017
Taking Aim at Midnight Regulations
With a new Congress in session and Inauguration Day only two weeks away, I am excited about working with President-elect Trump and the new Administration. We have our work cut out for us.
Since the election, despite President-elect Trump’s electoral victory and the message voters sent to Washington, the Obama Administration has continued to roll out new onerous rules and regulations. While the election results signal a desire for a change in our country’s direction, President Obama is acting to circumvent the will of the voters through these “midnight” regulations and seeking to entrench his failed agenda and policies so that they remain long after he is gone.
Just between the election and the time the President-elect takes office in January, there are approximately 100 different rules and regulations that could be implemented—17 of which would cost our economy over $100 million each. It is estimated that the cost of these final regulations are over $44.1 billion. Based on the midnight regulations that have already been unveiled, it’s clear that many of these regulations do more to advance the president’s agenda than they do to help the American people and economy.
A perfect example of this—with direct impact on Ohio’s coal mining industry—is the Obama Administration’s recently issued Stream Protection Rule. Coal mining is already one of the most heavily regulated industries, and the Surface Mining Control and Reclamation Act gives states the primary responsibility for implementing and enforcing coal mining regulations. Despite the provisions of the law and the regulatory framework it establishes, the current Administration issued the Stream Protection Rule with the intent of superseding the regulatory authority of the states and establishing a nationwide, one-size-fits-all regulatory framework.
While its name implies an admirable goal, the reality is that this rule is the latest action in the Administration’s War on Coal. The Stream Protection Rule will essentially mean the end of coal production in Ohio and the thousands of good-paying jobs in the industry, which employs over 33,000 people.
It will also mean higher electricity bills for all Ohioans. 59% of our net electricity generation comes from coal, and coal powers 8 of our 10 largest plants. Many of Ohio's most vulnerable people rely on access to affordable energy from coal. This rule only makes it harder for them to pay basic living expenses when more of their paycheck goes to their electricity bill.
Fortunately, many of these midnight rules and regulations are eligible to be repealed. The Congressional Review Act, passed into law in 1996, empowers congressional oversight and enables Congress to overturn rules by federal agencies. With simple majorities in both chambers of Congress and Donald Trump’s signature as president, we will be able to overturn any rule that has been issued in the last 60 legislative days. Repealing the Stream Protection Rule should be a priority.
Come January 20th, Congress and President Trump will begin working to rescind the president’s most onerous regulations. These last-ditch attempts to preserve President Obama’s failed agenda are out of step with the change the American electorate voted for in November. I believe the will of the voters should be respected and honored, and these midnight rules and regulations do the opposite.