Public Citizen, NRDC, and CWA v. Donald Trump, et al.

Topic(s): 
Protecting Constitutional Rights and Requirements
Scope of Statutory Rights and Remedies
Press Releases:
Case Description: 

This action seeks declaratory and injunctive relief with respect to President Trump’s January 30 Executive Order on “Reducing Regulation and Controlling Regulatory Costs.” The Order directs agencies to identify at least two existing regulations to repeal for every new regulation proposed or issued and to promulgate regulations during fiscal year 2017 that, together with repealed regulations, have combined incremental costs of $0 or less, regardless of the benefits. The complaint explains that “The Executive Order will block or force the repeal of regulations needed to protect health, safety, and the environment, across a broad range of topics—from automobile safety, to occupational health, to air pollution, to endangered species.” The mandated regulatory approach is unlawful and unconstitutional.

On February 26, 2018, the district court granted the government’s motion to dismiss, holding that Public Citizen, NRDC, and CWA had failed to establish that they had standing to bring the case. The court then set a deadline of April 2, 2018, for the plaintiffs to file a motion for leave to amend the complaint, to try to satisfy the concerns stated in his order granting the motion to dismiss. We then filed a motion for leave to file a second amended complaint, accompanied by ten additional declarations, to show our standing to pursue the case. The government did not oppose our motion, which was then granted. The parties will now brief dispositive motions.