releases: https://www.grassley.senate.gov/news/news-releases/epa-bypasses-rule-making-procedures-gets-caught
Data license: MIT · Data source: dwillis/congress-press
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| url | title | date | year | month | party | chamber | state | member_name | bioguide_id | domain | scraper | source | date_source | text | has_text | collected_at | updated_at |
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| https://www.grassley.senate.gov/news/news-releases/epa-bypasses-rule-making-procedures-gets-caught | EPA Bypasses Rule-making Procedures, Gets Caught | 2013-12-03 | 2013 | 2013-12 | Republican | House | IA | Charles Grassley | G000386 | www.grassley.senate.gov | legacy | Federal rule-making procedures are important for holding the federal government accountable to the public. Federal agencies wield tremendous power. The way they decide to interpret and enforce federal law through rules and regulations has significant ramifications for the affected parties, whether individuals, business owners or state and local governments. These federal rules have the effect of law, but those who develop them are not elected. The only way average citizens can impact the process is through the federal law called the Administrative Procedure Act mandating that agencies solicit public comments before instituting a new rule. The U.S. Environmental Protection Agency recently provided a case study of why federal rule-making procedures matter. The EPA bypassed basic rule-making procedures to enforce new restrictions on wastewater treatment. The restrictions are expensive for city and county governments and, consequently, for local taxpayers. The U.S. Court of Appeals for the 8th Circuit invalidated the EPA's action on procedural grounds. The appeals court decided the agency changed its policy without public notice and without seeking public comment, as required by law. Now, the EPA says it will implement that decision only in the 8th Circuit. It will not enforce the new rules in the states in the 8th Circuit. The agency will continue to enforce its guidance on wastewater treatment as if it were a formal rule, in violation of the Administrative Procedure Act, in the rest of the country. The EPA tried to violate basic rule-making procedures and got caught. Now, the agency is enforcing the violation everywhere except for the court circuit where it lost its case. This isn't the way to conduct agency business. The rules are in place for good reason. They're meant to keep the public involved and informed of major decision-making and hold agencies accountability for their actions. As Americans, we pride ourselves on setting and following the rule of law. An agency that flouts the law undermines public trust in government and erodes our strength as a country. | 1 | 2026-03-30T12:14:52Z | 2026-03-30T12:14:52Z |