Agencies have their lists for Obama to approve. What does Trump know and what is he prepared for? The last days of the Obama administration could be the most dangerous of his administration, is anyone paying attention?
Obama is set to ram through last-minute ‘midnight’ regulations to secure his legacy and tie President Trump’s hands
- ‘Midnight regulations’ are a last chance for a president to make his mark
- As many as 98 final regulations are under review at the White House
- These include air pollution from the oil industry and measures aiming to help highly skilled immigrant workers obtain green cards
DailyMail: Barack Obama is set to ram through last minute regulations to try and cement his legacy.
‘Midnight regulations’ are those introduced between November’s election and January’s inauguration of a new president.
It is a last chance for an outgoing Commander-in-chief to put his stamp on the presidency and, in the case of Obama, tie the hands of his controversial successor.
Obama can pass the rules because of a loophole in US law allowing him to put last-minute regulations into the Code of Federal Regulations (rules that have the same force as law).
As many as 98 final regulations are under review at the White House and could be implemented before the brash billionaire takes office.
Seventeen of those are considered ‘economically significant’, with an estimated economic impact of at least $100m a year, Politico reported.
Obama is trying to push through regulations on issues close to him such as air pollution from the oil industry and measures aiming to help highly skilled immigrant workers obtain green cards.
He is also pressing ahead with negotiations on an investment treaty with China and decisions by the Education Department on whether to offer debt relief to students at defunct-for-profit colleges.
By contrast, Trump has shown a disdain for climate change and campaigned on an anti-immigration rhetoric, describing Mexicans as ‘rapists’ and pledging to build a wall on the US border with Mexico.
The Republican has also criticized China’s trade and currency practices and threatened to impose tariffs up to 45 per cent on Chinese imports.
Gina McCarthy, US Environment Protection Agency Administrator, said: ‘We’re running – not walking – through the finish line of President Obama’s presidency.’
Obama has gone ahead with the ‘midnight regulations’ despite House Majority Leader Kevin McCarthy warning him against doing so.
In a letter on November 15, he said: ‘Should you ignore this counsel, please be aware that we will work with our colleagues to ensure that Congress scrutinizes your actions – and, if appropriate, overturns them’.
Trump has also vowed to cancel ‘every wasteful and unnecessary regulation which kills jobs and bloats government.’
The so-called ‘midnight regulations’ can be reversed by the same executive agencies, but that requires a considerable rule-making process.
Congress could also effectively overturn them by passing more explicit statutory mandates – but risk turning an unwanted regulation into law.
A final powerful weapon at their disposal is the Congressional Review Act – however it has only ever been used once. This gives Congress 60 legislative days to review and overturn major regulations enacted by federal agencies.