Daily Brew: September 28, 2018

September 28, 2018

Today's Brew brings you an update on grizzly bears in Yellowstone + you can test your knowledge in this week's quiz   Welcome to the Friday, September 28 Brew. Here’s what’s in store for you as you start your day: Federal judge: Return grizzly bears in Yellowstone to the endangered species list September 30 marks 25th anniversary of the E.O. that established guidelines to federal agency rulemaking QUIZ: Who is the country’s most popular governor? New series: 50 states in 25 days Federal judge: Return grizzly bears in Yellowstone to the endangered species list U.S. District Judge Dana Christensen, appointed by Barack Obama (D), issued an order on Monday returning grizzly bears in Yellowstone National Park to the endangered species list. Christensen ruled the federal government failed to consider the impact that delisting the Greater Yellowstone Ecosystem grizzly would have on other bear populations. He also said the U.S. Fish and Wildlife Service “acted arbitrarily and capriciously” in its application of the Endangered Species Act’s threats analysis. Wyoming Gov. Matt Mead (R) responded to the ruling, “The decision to return grizzly bears to the list of threatened and endangered species is further evidence that the [Endangered Species Act] is not working as its drafters intended.” Christensen's decision blocked Wyoming and Idaho from opening the first public grizzly bear hunts since 1975. Wyoming was planning on issuing licenses for up to 22 bears to be hunted. Idaho was planning on one license. The ruling came after plaintiffs, including the Crow Indian Tribe, sued the state of Wyoming and the U.S. federal government, challenging the removal of Yellowstone grizzly bears from the endangered species list in 2017. The plaintiffs argued the bears’ survival was still questionable. Supporters of the hunt argued there were too many bears in the area killing livestock and negatively impacting deer and elk populations. Grizzly bears were first declared a threatened species in 1975 when the bears’ population was estimated to be as low as 136. The species rebounded, and today there are an estimated 700 bears in the Yellowstone region. Requests were made during the Obama administration to remove the bears from protection but were not granted until the U.S. Fish and Wildlife Service under the Trump administration issued a decision on June 30, 2017. Full details on the order September 30 marks 25th anniversary of the E.O. that established guidelines for federal agency rulemaking and review On September 30, 1993, President Bill Clinton (D) issued executive order 12866, establishing principles and processes to govern federal agency rulemaking, regulatory planning, and regulatory review. Although Presidents George W. Bush (R) and Barack Obama (D) issued minor changes to the order, its main provisions have guided presidential oversight of regulatory and administrative policy for the past 25 years. An E.O. issued by Donald Trump (R) listed E.O. 12866 among the four major policies and initiatives guiding regulatory review and reform efforts by the executive branch. E.O. 12866 outlines a rulemaking philosophy for federal agencies, describes several processes for coordinating regulatory planning among agencies, provides for the incorporation of public comments into the rulemaking process, and calls for the public release of documents related to the regulatory review process. The order defined the concept of a significant regulatory action—an agency rule that has had or may have a large impact on the economy, environment, public health, or state or local governments or communities. Significant regulatory actions may also conflict with other agency rules or with presidential priorities. The order also authorized the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) to review what it considers all new and pre-existing significant regulatory actions. Learn more about this E.O. in our Administrative State Project → #FridayFact QUIZ: Who is the country’s most popular governor? A. Charlie Baker (R-Mass.)→ B.  Larry Hogan (R-Md.) → C.  Kay Ivey (R-Ala.) → D.  Chris Sununu (R-N.H.) → New series starts on Monday: 50 states in 25 days From October 1 through November 2, the Brew will be spotlighting two states per day, in order of when the states start early voting, bringing you information a voter in the state would want to know and interesting facts about each state. We’ll take you beyond the basics, providing context on what’s happening in each state for everyone across the country watching these races. Up first: South Dakota and Vermont