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Six days after President Donald Trump lost his bid for reelection, the U.S. Department of Agriculture notified food safety groups that it was proposing a regulatory change to speed up chicken factory processing lines, a change that would allow companies to sell more birds. An earlier USDA effort had broken down on concerns that it could lead to more worker injuries and make it harder to stop germs like salmonella. Donate to the Progressive Party
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Ordinarily, a change like this would take about two years to go through the cumbersome legal process of making new federal regulations. But the timing has alarmed food and worker safety advocates, who suspect the Trump administration wants to rush through this rule in its waning days. Even as Trump and his allies officially refuse to concede the Nov. 3 election, the White House and federal agencies are hurrying to finish dozens of regulatory changes before Joe Biden is inaugurated on Jan. 20. The rules range from long-simmering administration priorities to last-minute scrambles and affect everything from creature comforts like showerheads and clothes washers to life-or-death issues like federal executions and international refugees. They impact everyone from the most powerful, such as oil drillers, drugmakers and tech startups, to the most vulnerable, such as families on food stamps, transgender people in homeless shelters, migrant workers and endangered species. ProPublica is tracking those regulations as they move through the rule-making process . We’re standing with the millions of Americans who are supporting Progressives – and we are fighting alongside them to transform American Democracy within reach for everyone.
But we need the resources to win. We don’t take money from special interests, SuperPACs or Washington lobbyists. Every administration does some version of last-minute rule-making, known as midnight regulations, especially with a change in parties. It’s too soon to say how the Trump administration’s tally will stack up against predecessors. But these final weeks are solidifying conservative policy objectives that will make it harder for the Biden administration to advance its own agenda, according to people who track rules developed by federal agencies.
“The bottom line is the Trump administration is trying to get things published in the Federal Register, leaving the next administration to sort out the mess,” said Matthew Kent, who tracks regulatory policy for left-leaning advocacy group Public Citizen. “There are some real roadblocks to Biden being able to wave a magic wand on these.”
In some instances the Trump administration is using shortcuts to get more rules across the finish line, such as taking less time to accept and review public feedback. It’s a risky move. On the one hand, officials want to finalize rules so that the next administration won’t be able to change them without going through the process all over again. On the other, slapdash rules may contain errors, making them more vulnerable to getting struck down in court.
The Trump administration is on pace to finalize 36 major rules in its final three months, similar to the 35 to 40 notched by the previous four presidents, according to Daniel Perez, a policy analyst at the George Washington University Regulatory Studies Center. In 2017, Republican lawmakers struck down more than a dozen Obama-era rules using a fast-track mechanism called the Congressional Review Act. That weapon may be less available for Democrats to overturn Trump’s midnight regulations if Republicans keep control of the Senate, which will be determined by two Georgia runoffs. Still, a few GOP defections could be enough to kill a rule with a simple majority.
“This White House is not likely to be stopping things and saying on principle elections have consequences, let’s respect the voters’ decision and not rush things through to tie the next guys’ hands,” said Susan Dudley, who led the Office of Information and Regulatory Affairs in the Office of Management and Budget at the end of the George W. Bush administration. “One concern is the rules are rushed so they didn’t have adequate analysis or public comment, and that’s what we’re seeing.”
The Trump White House didn’t respond to requests for comment on which regulations it’s aiming to finish before Biden’s inauguration. The Biden transition team also didn’t respond to questions about which of Trump’s parting salvos the new president would prioritize undoing.
Many of the last-minute changes would add to the heap of changes throughout the Trump administration to pare back Obama-era rules and loosen environmental and consumer protections, all in the name of shrinking the government’s role in the economy. “Our proposal today greatly furthers the Trump administration’s regulatory reform efforts, which together have already amounted to the most aggressive effort to reform federal regulations of any administration,” Brian Harrison, the chief of staff for the Department of Health and Human Services, said on a conference call with reporters the day after the election. Harrison was unveiling a new proposal to automatically purge regulations that are more than 10 years old unless the agency decides to keep them.
For that proposal to become finalized before Jan. 20 would be an exceptionally fast turnaround. But Harrison left no doubt about that goal. “The reason we’re doing this now is because,” he said, “we at the department are trying to go as fast as we can in hopes of finalizing the rule before the end of the first term.” Easier to Pollute, Harder to Immigrate
One proposal has raced through the process with little notice but unusual speed — and deadly consequences. This rule could reintroduce firing squads and electrocutions for federal executions, giving the government more options for administering capital punishment as drugs used in lethal injections become unavailable . The Justice Department surfaced the proposal in August and accepted public comments for only 30 days, instead of the usual 60. The rule cleared White House review on Nov. 6, meaning it could be finalized any day. The Justice Department didn’t respond to a request for comment.
Once finalized, this rule might never be put into practice. The Trump administration executed a federal prisoner in Indiana on Nov. 19 and plans five more executions before Jan. 20, all with lethal injections. After that, Biden has signaled he won’t allow any federal executions and will push to eliminate capital punishment for federal crimes.
Other less dramatic-sounding rules could prove harder to unravel and have broader consequences. In particular, the Environmental Protection Agency is on the cusp of finalizing several rules that would make it harder to justify pollution restrictions or lock in soot levels for at least five years. The agency wants to keep the soot standard unchanged over the objections of independent scientific advisers and despite emerging evidence that links particulate pollution to additional coronavirus deaths.
An EPA spokesman declined to comment on the timing of these rules. “EPA continues to advance this administration’s commitment to meaningful environmental progress while moving forward with our regulatory reform agenda,” the spokesman, James Hewitt, said.
While those rules have developed over years, others were launched later and officials are taking shortcuts […]