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White House Says It Has No Legal Basis to Regulate Permitting

The White House will soon publish an interim final rule that scraps permitting rules that have been on the books for almost 50 years, according to a notice posted to a website Wednesday.

Once the rule is published in the Federal Register, which could happen as soon as Thursday, the clock will start ticking on a regulation that outlines how agencies issue permits for major projects, fulfilling a longstanding Republican goal.

President Donald Trump’s “Unleashing American Energy” executive order directed the Council on Environmental Quality to consider rescinding its permitting rules and also rescinded the 1977 executive order that formed the basis for those rules. 

The CEQ notice posted Wednesday said those orders are an “independent and sufficient reason” for the interim final rule.

Read more in Bloomberg Law here.

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