Groups Challenge Trump’s Terminator two-fer order

Donald Trump at rally

NRDC, The Communication Workers of America, and Public Citizen just filed a lawsuit against Trump’s infamous “two-fer” rule. This is the rule I’ve designated the Terminator Rule.

From the lawsuit:

To repeal two regulations for the purpose of adopting one new one, based solely on a directive to impose zero net costs and without any consideration of benefits, is arbitrary, capricious, an abuse of discretion, and not in accordance with law, for at least three reasons.

First, no governing statute authorizes any agency to withhold a regulation intended to address identified harms to public safety, health, or other statutory objectives on the basis of an arbitrary upper limit on total costs (for fiscal year 2017, a limit of $0) that regulations may impose on regulated entities or the economy. Second, the Executive Order forces agencies to repeal regulations that they have already determined, through notice-and-comment rulemaking, advance the purposes of the underlying statutes, and forces the agencies to do so for the sole purpose of eliminating costs that the underlying statutes do not direct be eliminated. Third, no governing statute authorizes an agency to base its actions on a decisionmaking criterion of zero net cost across multiple regulations.

The Terminator rule is nonsensical in the extreme and violates all administrative procedure and law when it comes to forming regulations and rules. To instruct agencies to only include costs, not benefits, virtually cripples the federal government.

I have to wonder at this time if Trump even has access to lawyers. If so, where did they get their law degrees? Trump University?

I’ll be following this case on PACER.

Photo by Gage Skidmore CC BY-SA 2.0

USDA APHIS Inspection Reports posted online

Top part of an inspection report

The Memory Hole just posted links to thousands of inspection reports. They’re research facility inspections for 2000 through 2007.

Trump and his minions just don’t understand the way the internet works. If they build a wall, we’ll put a hole into it.

Guaranteed.

When I get any new info from the FOIA request or HSUS’s action, I’ll post an update. If I find more documents, I’ll post a link to this post.

 

HSUS comes through on the USDA APHIS records

Top part of an inspection report

Today, HSUS filed a Notice of Violation of Court Order with the Department of Justice because of the USDA pulling the APHIS records.

I did not know that the HSUS had filed a lawsuit years ago forcing the USDA to provide access to its inspection records for universities and research labs. By pulling these records, the USDA is in violation of the court settlement.

As noted in the letter, pulling these records also runs counter to government transparency requirements established by Congress. It’s becoming increasingly obvious that the impetus for this action was the short-sighted, mean-spirited actions of Trump’s transition team.

In addition, the HSUS noted in its story on the filing that the USDA finally did pull the license of several breeders in Missouri…including Rabbit Ridge. Rabbit Ridge is finally done.

The Humane Society is one of the groups we need to donate to, to protect animals and the environment during a Trump administration.

USDA APHIS Follow Up

Top part of an inspection report

Delcianna Winders posted a folder containing several USDA APHIS enforcement actions. I was surprised to see an enforcement action against Donald Schrage of the infamous Rabbit Ridge kennel.

The violations listed in the enforcement action aren’t unusual for Schrage. This is just a normal year’s worth of writeups for him. It’s good to see that the USDA finally yanked his chain. I’ll be filing a FOIA to find out what happened in this case, and if he’s still licensed. Normally, a quick visit to a web site and a bit of search would have returned the information. Not anymore.

After writing yesterday’s post, I’m less sure that the Farmer’s Bureau et al court case triggered the USDA APHIS to pull the AWA database. The USDA APHIS just invested in a new system that was only rolled out in August. They have been redacting private information from the inspection reports. They could continue and upload new inspection reports as they finish.

This action has Trump written all over it. Trump had appointed Brian Klippenstein to his agriculture transition team. Klippenstein is a compatriot of Forrest Lucas, who funded the effort to gut Proposition B, the anti-puppy mill bill, in Missouri. As of January 17, Klippenstein was the only person on Trump’s transition team for the Department of Agriculture.

I’m anxious to read the documents turned up by  Delcianna’s FOIA request for communications related to this decision.

 

USDA APHIS Pulls Access to Essential Inspection Database

Top part of an inspection report

For many years I and many others have had free and open access to USDA APHIS Animal Welfare Act inspection reports. The Humane Society of the US uses the data to compile its list of the 100 worst puppy mills in the United States. I’ve used the records to highlight the atrocities of one of the worst puppy millers in the US: Donald Schrage’s Rabbit Ridge Kennel.

Yesterday, without any warning, the USDA pulled down the database. In its place is a message that says, in part:

APHIS, during the past year, has conducted a comprehensive review of the information it posts on its website for the general public to view.  As a result of the comprehensive review, APHIS has implemented actions to remove certain personal information from documents it posts on APHIS’ website involving the Horse Protection Act and the Animal Welfare Act.  Going forward, APHIS will remove from its website inspection reports, regulatory correspondence, research facility annual reports, and enforcement records that have not received final adjudication.  APHIS will also review and redact, as necessary, the lists of licensees and registrants under the AWA, as well as lists of designated qualified persons (DQPs) licensed by USDA-certified horse industry organizations.

During the past year…

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