Second, it is possible that there will be a reduction in the volume of new regulations proposed. Drafting a regulation is a labor intensive and time consuming effort. With scarce resources further depleted by the sequester, the drafting of new rules will almost certainly be slowed.
Third, EPA regulatory enforcement activities could be impacted. Although many environmental enforcement responsibilities are delegated to the states in the first instance, EPA still conducts thousands of inspections of facilities annually to ensure compliance. In a February 2013 letter from former EPA Administrator Lisa Jackson outlining the possible impacts of the sequester on EPA operations, Administrator Jackson noted that the sequester could result in 1,000 fewer inspections in 2013.
Finally, certain routine EPA functions are likely to slow. This includes programs that are important to certain industrial sectors. For example, both former Administrator Jackson and acting Administrator Robert Perciasepe, warned that new vehicle emissions certifications – a requirement before any new vehicles can be sold in the United States – would likely be slowed due to the sequester, which could delay market access for some vehicle manufacturers.
While the exact effects of the sequester on the federal environmental regulatory agenda can not be determined, it is almost certain that the EPA’s regulatory agenda will be curtailed or delayed to some extent. The effects of the sequester will make it almost impossible for EPA to accomplish all that it has been tasked with or undertaken, meaning that the Agency will have to make choices about which programs and regulatory initiatives to prioritize.
Adam Riedel is an associate with the Energy, Environment and Natural Resources practice in the Washington, D.C., office of law firm Manatt, Phelps & Phillips. His practice focuses on the resolution of environmental enforcement matters, compliance counseling, climate change regulation and the management and resolution of environmental issues in transactional contexts. Mr. Riedel previously served as the Associate Director of the Columbia Law School Center for Climate Change Law, and prior to that, was an associate in the environmental group at a large, international law firm. He can be reached at (202) 585-6522 or ariedel@manatt.com.
