UPDATE: The House of Representatives passed a security-themed “minibus” appropriations package on July 27, containing Defense, Energy & Water, Legislative Branch, and Military Construction-Veterans Affairs spending bills. The bill includes a controversial provision to exempt the repeal of the 2015 Clean Water Rule from the Administrative Procedures Act (APA). The policy rider would allow for an expedited repeal process without opportunity for public comment or an evaluation of the costs of repealing the rule. Democrats’ attempts to strip the provision from the minibus failed. It remains to be seen whether the Senate will use similar language to exempt the rulemaking from the APA.
AFS will continue to provide periodic updates on this issue.