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ARTICLE · 24 AUGUST 2018

How Much Does Trump Even Care About Deregulation?

Foley Hoag LLP
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On Thursday, the Trump Administration's "Suspension Rule," which delayed implementation of the Obama Waters of the United States Rule for two years was struck down.

United StatesGovernment, Public Sector
Seth Jaffe
Seth Jaffe
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On Thursday, the Trump Administration's "Suspension Rule," which delayed implementation of the Obama Waters of the United States Rule for two years was struck down. Judge David Norton of the District of South Carolina issued a nationwide injunction against the rule.

It's important to note that the case was not about the merits of the WOTUS rule. It was simply about the Trump administration's failure to comply with the Administrative Procedure Act in promulgating the Suspension Rule.

Which brings me to the point of this post.

The Administration's failure to comply seems so obvious that one has to wonder whether the Administration even cared whether the Suspension Rule could survive judicial review. Indeed, this case seems part of a clear pattern. The Court noted as much in quoting a summary of such cases from the plaintiffs' brief:

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