“They’re having a remarkably low level of success,” Georgetown Law School environmental law professor Bill Buzbee said of the past four years’ regulatory court progress. “
Their loss record is 70 to 90 percent under Trump. Those agencies usually win 70 percent of the time.”
He attributed the reversal to a consistent failure by policy makers to check all the boxes necessary to avoid appearing arbitrary and capricious the standard federal rules get judged under the Administrative Procedures Act. To endure, a federal rule must show it had well-documented reasons for a change and went through a complete public review process.
“It’s a lot of work to change regulations,” Buzbee said. “So many of their actions had this flaw.”
ROB CHANEY
When a federal court ruled the federal Bureau of Land Management skipped crucial steps in approving resource management plans for Montana last year, it reflected a trend tainting much of the environmental rule-making under the Trump administration.
âTheyâre having a remarkably low level of success,â Georgetown Law School environmental law professor Bill Buzbee said of the past four yearsâ regulatory court progress. âTheir loss record is 70 to 90 percent under Trump. Those agencies usually win 70 percent of the time.â
He attributed the reversal to a consistent failure by policy makers to check all the boxes necessary to avoid appearing arbitrary and capricious â the standard federal rules get judged under the Administrative Procedures Act. To endure, a federal rule must show it had well-documented reasons for a change and went through a complete public review process.