Rogan’s List for 07/06/2020

3 mins read


On Mondays, Rogan’s List features a listing of proposed rule and regulation changes that are currently accepting public comment.  Commenting is the way to show government agencies how we feel about these proposed changes. Our comments also become part of a record that will be reviewed by courts if and when a reg change is contested. Courts use comments to judge whether an agency is acting arbitrarily and capriciously.


Closing Soon


Section I – ICE, DHS, DOL, NLRB

Section II – everything environmental – EPA, BLM, DOE

Section III – Civil rights, housing, education, healthcare

Other: More on regulations (tracking the trackers/general information)  

(Note: After a couple of weeks items are moved from “Recent” and “Closing soon” into the Roman numeral sections. A note on regulatory processes: there are three stages – Notice, Proposed Rule, and Rule. There’s usually a time lag of a few months to a few years between them, and they must be published in the Federal Register before appearing on Comment time varies from 10 days to 2 months, sometimes with extensions.)

This week’s list – Closing: Allowing asylum for credible fear (note: Trump bans it, but he’s banned almost all immigration, legal and undocumented.) New: closing homeless shelter to trans youth. These are all still a moving target. Even as supposedly temporary rules are put in place often w/o comment allowed, other proposed rules on the same topic in the pipeline are proceeding through the process. Some – maybe more – appear to be in direct conflict. So, there’s a new Trump Rule on work visas, even as they banned them by Exec order over a week ago. So even if one is tracking these, it often (actually, usually) doesn’t make sense. Also, a lot of measures aren’t going through the regulatory process. That was the basis for the Supreme Court declaring the LGBTQ have employment rights – why? Because it hadn’t gone through the proper regulatory channels. Chief Justice Roberts basically gave the Trump admin. a road map to how to it – except, as we know, Trump et al. have little, if any attention to detail.

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