Attorney General Becerra Criticizes OMB for Seeking Proposals to Weaken Enforcement of Critical Federal Laws

SACRAMENTO – California Attorney General Xavier Becerra today, leading a coalition of five attorneys general, urged the Office of Management and Budget (OMB) not to dramatically alter procedures for administrative enforcement and adjudication of critical federal laws. In a request for information, OMB solicited proposals to limit the ability of federal agencies to investigate and enforce laws that protect the environment, public health, and the civil rights of American citizens. The coalition highlights in their comment letter that OMB fails to provide any evidence that backs up its claims that the current processes are in need of reform and neglects to acknowledge existing evidence that contradicts its position.

“Our government is supposed to be of, by and for the people, but the Trump Administration has repeatedly prioritized corporate and special interests over our communities,” said Attorney General Becerra. “For decades, California and the federal government worked hand in hand to enforce laws that protect our environment and safeguard the health, welfare, and rights of our citizens. We urge OMB to respect the law, listen to the facts, and make decisions in the public interest.”

On January 30, 2020, OMB sought feedback from the public on a range of questions that, if enacted, would hamstring federal agencies’ ability to carry out and enforce federal laws and weaken accountability for businesses across different sectors. In doing so, OMB failed to provide any evidence or examples to support its claims that individuals have been denied due process as a result of current procedures. The request appears designed to seek responses that reflect OMB’s pre-determined belief that due process reform is needed, rather than to provide understanding on whether existing procedures are, in fact, inadequate. Moreover, OMB’s claim that enforcement and adjudication have increased in recent decades directly contradicts evidence that federal agency enforcement is actually decreasing.

The coalition urges OMB not to move forward with uninformed, unnecessary changes to administrative enforcement and adjudication. Based on the questions raised in the request, the coalition is concerned OMB plans to propose new enforcement procedures which overlook bad business practices and hamper federal agencies’ ability to protect the public and the environment.

In the comment letter, the coalition asserts that:

• OMB provides no evidence to support its assumption that current procedures for administrative enforcement and adjudication are inadequate;
• OMB’s premise that enforcement actions are increasing is contradicted by evidence that enforcement actions have actually declined; and
• The Administrative Procedure Act already imposes extensive procedural requirements that ensure due process for individuals during enforcement and adjudication.

In filing the comment letter, Attorney General Becerra is joined by the attorneys general of Illinois, New Jersey, New York, and Oregon.

A copy of the comment letter can be found here.