Dear Energy, Telecom & Utility Law, Administrative Law and Environmental & Natural Resources Section members;

The Art of Un-Rulemaking

How does a federal agency unwind a federal regulation it has already adopted?
The Trump Administration has promised a major rollback of federal regulations and has gone so far as to issue an executive order requiring that for every new regulation adopted, two must be eliminated.  However, those familiar with the principles of administrative law understand that unwinding a federal regulation is much more complicated than simply issuing an executive order.  This CLE will examine two of the Obama-era rules that the Trump Administration has targeted: the EPA’s Clean Power Plan and the FCC’s Net Neutrality Rules.

Clean Power Plan (EPA)
Professor Melissa Powers from Lewis Clark Law School will discuss the current status of the Clean Power Plan, the pending lawsuit challenging the rule, and what the EPA would have to do to rescind the rule.

Net Neutrality (FCC)
After three prior attempts (two reversed by the DC Circuit), and an unprecedented level of public comment, the Obama-era FCC implemented “net neutrality” rules for USA Internet traffic (February 2015) in reliance on Title II (common carriage/telephone) of the 1934 Communications Act. The FCC’s revised rules were upheld by the DC Circuit (June 2016). What a difference an election makes!  President Trump’s new FCC Chair (Ajit Pai) disagrees with the Obama-era net neutrality rules and vows to unwind them.  How can this now be done and what are the implications for telecom businesses, consumers, and the public? Our panel of industry and administrative law experts will discuss.

Please register soon as we expect this CLE to fill up quickly!

Date/Time:        May 24, 2017

Time:                 Noon – 1:45pm

Location:           Club Room, Red Star Tavern, 503 S.W. Alder Street, Portland

Cost:                  Free for ETU Section members; $25 for non-members (Non-members, please bring your check payable to the Oregon State Bar; a limited number of student scholarships are available)

CLE:                   1.5 CLE Credits (will be applied for)

Lunch:  Buffet Lunch included with your registration (free to ETU section)

RSVP:                 Tim McMahan at [email protected] with a copy to Kali Turner at [email protected].

Bar #:                   Please provide with registration