The trump effect on environmental law: what it means for new york Webinar Presentation March 22, 2017 2:00 p.m. - 3:00 p.m. James P. Rigano, Rigano LLC

E.P.A. BUDGET HISTORY President E.P.A Budget Range Richard Nixon (1969-1974) (R) $1 billion - $2.4 billion Gerald Ford (1974-1977) (R) $500 million - $700 million Jimmy Carter (1977-1981) (D) $2.7 billion - $5.5 billion Ronald Reagan (1981-1989) (R) $3 billion - $5.4 billion George Bush (1989-1993) (R) $5.1 billion - $6.6 billion Bill Clinton (1993-2001) (D) $6.5 billion - $7.5 billion George W. Bush (2001-2009) (R) $7.6 billion - $8.3 billion Barack Obama (2009-2017) (D) $7.6 billion - $10.3 billion

THE REAGAN ADMINISTRATION The E.P.A. and its central mission were criticized, regulations were viewed as an obstacle to growth, the agency was seen as bloated, inefficient, exceeding its congressional mandates and costing jobs. The Reagan administration promised to fix it all.

THE REAGAN ADMINISTRATION Reagan chose Anne M. Gorsuch as the E.P.A Administrator. The Administration moved rapidly to slash budgets, reduce environmental enforcement and open public lands for mining, drilling, grazing and other private uses.  During her 22 months as Administrator (1981-1983), she cut the budget of the E.P.A. by 22%, reduced the number of cases filed against polluters, relaxed Clean Air Act regulations, and cut the total number of agency employees.

THE REAGAN ADMINISTRATION There were internal conflicts, resignations of key officials, complaints of documents being destroyed and reports of secret meetings with officials with companies under investigation by the E.P.A. Gorsuch was forced to resign after she was cited for contempt of Congress for refusing to turn over Superfund records, arguing that they were protected by executive privilege.  Year Budget 1980 $4.7 billion 1981 $3 billion 1982 $3.7 billion 1983

THE REAGAN ADMINISTRATION In 1983, William D. Ruckelshaus returned as E.P.A. Administrator to restore stability. The public voiced concerns that government backsliding on protecting American’s health and the environment would not be tolerated.

THE REAGAN ADMINISTRATION Ruckelshaus is widely credited restoring public confidence in the E.P.A. and restoring the ability of the agency to carry out its legal mandate. Year Budget 1984 $4.1 billion 1985 $4.4 billion 1986 $3.7 billion 1987 $5.4 billion 1988 $5 billion

THE TRUMP ADMINISTRATION Much like Reagan and Anne Gorsuch, President Trump and his new E.P.A. Administrator Scott Pruitt, are firm believers that the federal government is too big, too powerful and too eager to issue regulations restricting business.

THE TRUMP ADMINISTRATION Trump’s recent budget outline included a 31% budget cut for the E.P.A. which could result in the loss of 3,200 E.P.A. jobs.

CHEVRON DEFERENCE Derived from the 1984 landmark United States Supreme Court case Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. Held that courts should defer to regulatory agencies when they interpret unclear laws passed by Congress, unless the agencies’ interpretations are unreasonable.

DIFFERING VIEWS ON CHEVRON DEFERENCE Anti Deference Views: Chevron say gives too much power to administrative agencies and has created a unaccountable fourth branch of government. Pro Deference Views: Judges are not as capable as administrators in interpreting laws that the regulators themselves put into effect and know on a daily basis. Chevron has become a legend in legal circles, it has now been cited more than 81,000 times.

CHEVRON TODAY The doctrine is now in the spotlight because one its most prominent critics Judge Neil Gorsuch is nominated to replace Justice Antonin Scalia in the U.S. Supreme Court. Gorsuch’s view on Chevron: “Whatever the agency may be doing under Chevron, the problem remains that courts are not fulfilling their duty to interpret the law and declare invalid agency actions inconsistent with those interpretations in the cases and controversies before them.”

THE FUTURE OF CHEVRON DEFERENCE Proposed bill called the “Regulatory Accountability Act of 2017” aims to end the long-established practice of Chevron deference. To date, the bill has been introduced and has passed in the House of Representatives on 1/11/2017.

GORSUCH, THE E.P.A. AND CHEVRON The doctrine may also be greatly affected by Trump’s Supreme Court Justice nominee Judge Neil Gorsuch, who would likely seek to overturn the well established doctrine, or atleast shift the ultimate power of interpretation to the judicial branch.