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OMB Requests Public Comments on Enforcement

On January 30, OMB published a Federal Register notice requesting public comment on federal government enforcement, which ostensibly would cover CWA enforcement. The Fed. Reg. notice summary reads, "In furtherance of the policy on Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication, the Office of Management and Budget invites the public to identify additional reforms that will ensure adequate due process in regulatory enforcement and adjudication."


The Trump administration has been very aggressive in rewriting our federal environmental laws, and this appears to be yet another step toward relaxing regulations/strengthening the rights of defendants. This follows on the heals of trimming amicus participation in EAB cases and state's rights in 401 certifications (not to mention curtailing WOTUS jurisdiction and interpreting the CWA to not cover hydrologically-connected discharges). Here's a link to the Fed. Reg. notice.


https://www.govinfo.gov/content/pkg/FR-2020-01-30/pdf/2020-01632.pdf

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