But while Trump focuses on speed, his allies in Congress appear increasingly concerned about the durability of the president’s fossil fuel directives.
In recent weeks, they have advanced a handful of legislative measures that echo and extend various presidential orders meant to boost coal, oil and gas production and set aside consideration of climate change.
These moves may seem redundant, but they could provide bulletproof armor during future challenges to Trump’s agenda.
“They are … covering their bases by trying to legislate the rolling back of these safeguards because the process to repeal, undo or rewrite a regulation is as lengthy as the public process that helped establish the standard in the first place,” explained Melinda Pierce, chief lobbyist for the Sierra Club. “And, of course, any attempt to roll back environmental or public health standards can and will be challenged in court.”
“The Trump administration is attacking every environmental and health protection we have,” said Sara Jordan, legislative representative for the League of Conservation Voters. “If these legislative proposals get passed, it will make it that much harder for the next administration to restore environmental protections.”
That’s why Congressional Republicans are racing to write his instructions into law.
“We need to put the legislative stamp of approval on what the Trump administration is doing,” said Rep. Evan Jenkins (R-W.Va.) during a recent debate on the House floor.
The House already has voted to fast-track Trump’s withdrawal of a clean water rule and to streamline future environmental reviews over cross-border pipelines like Keystone XL. Now, GOP members are pushing forward legislation to bolster Trump’s revival of federal coal leasing, and to bar government regulatory agencies from considering the future damages caused by greenhouse gas pollution.
‘A Very Slippery Slope to Government by Fiat’
The courts have already started chipping away at the Trump administration’s edicts. A federal appeals court ruled July 3 that the Environmental Protection Agency (EPA) cannot simply suspend an Obama-era rule on methane emissions from oil and gas facilities. And a federal judge ruled last month that the Army Corps of Engineers had moved too hastily to permit the Dakota Access pipeline project, without considering environmental justice impacts on the Standing Rock Sioux tribe.
Environmental groups, states, and tribes have planned or filed lawsuits over virtually every aspect of the Trump energy agenda. “We’re going to meet them in court, we’re going to sue them, and we’re going to prevail,” Mitchell Bernard, chief counsel for the Natural Resources Defense Council (NRDC), said in a video the environmental group produced.
But Congress could short-circuit that litigation strategy with measures like the provision passed by the House last week allowing withdrawal of Obama’s “Waters of the U.S.” rule without public notice, comment or any of the other requirements that apply to federal departments and agencies. The Trump administration already has begun rescinding the rule, which was written to protect wetlands from dredge and fill material and created new permitting and reporting requirements that the oil, gas and coal industry abhor. The rider that the GOP tucked into an $800 billion budget bill would hurry the repeal and reduce possibilities for legal challenge……….
These Efforts Are Flying Under the Public Radar
Most of the legislative proposals shoring up the Trump energy agenda originate in the House, and their fate is unclear in the Senate, which already has rejected an effort to undo Obama-era methane regulations by legislative fiat, and where appropriators are less tolerant of budget riders.
Still, Senate negotiators may feel pressured to go along with some provisions to pass budget legislation that would keep the government up and running after the fiscal year ends on Sept. 30.
Senate supporters of the Trump energy agenda already have introduced their own version of the “Ozone Standards Implementation Act” that the House passed on July 18. That bill would help EPA Administrator Scott Pruitt delay implementation of the Obama administration’s standards regulating smog emissions for a year. The House-passed legislation would give states until 2025 to comply with the revised standards and would change long-standing law to allow the EPA to revise the standards every 10 years instead of every five.
Both the NRDC and a coalition of environmental, health and labor groups have published online running tallies of budget provisions that affect regulations, but they lament that the Congressional efforts to cement the Trump agenda have not received attention while the health care repeal effort and Russia investigations crowd out media coverage.
“It’s incredibly cynical,” said Slesinger, “and unfortunately it’s going on pretty much under the radar.” https://insideclimatenews.org/news/31072017/trump-climate-change-executive-orders-congress-turning-into-law-via-budget

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