Permitting Litigation Efficiency Act of 2018

Legislation H.R. 469/S. 119 - Sunshine for Regulatory Decrees and Settlements Act of 2017 H.R. 10 - Financial CHOICE Act of 2017 H.R. 725 - The Innocent Party Protection Act H.R. 720/S. 237 - Lawsuit Abuse Reduction Act of 2017 H.R. 26/S. 21 - Regulations from the Executive in Need of Scrutiny Act of 2017 H.R. 985 - Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017 H.R. 906 - Furthering Asbestos Claim Transparency Act of 2017 H.R. 953 - Reducing Regulatory Burdens Act of 2017 H.R 725 - Innocent Party Protection Act H.R. 1215 - Protecting Access to Care Act of 2017 H.R. 1704 - ACCESS Act of 2017 H.R. 1179 - Discouraging Frivolous Lawsuits Act H.R 1004 - Regulatory Integrity Act of 2017 HR 1009 - OIRA Insight, Reform, and Accountability Act H.R. 5 - Regulatory Accountability Act of 2017 H.R. 21/S. 34 - Midnight Rules Relief Act of 2017 H.R. 998 - Searching for and Cutting Regulations that are Unnecessarily Burdensome (SCRUB) Act H.R. 1430 - Honest and Open New EPA Science Treatment (HONEST) Act of 2017 H.R. 1 - Tax Cuts and Jobs Act (115th Congress, 2017-2018), Public law no. 115-97 HR 3117 - Transparency and Honesty in Energy Regulations Act of 2017 HR 732/ S. 333 - Stop Settlement Slush Funds Act of 2017 H.J. Res. 111/S.J. Res. 47 - CFPB Arbitration Rule CRA H.R. 2359 - FCRA Liability Harmonization Act H.R. 3141 - Taxpayer Transparency Act of 2017 H.R. 2233 - American Jobs First Act of 2017 H.R. 2437/ S. 1134 - Back the Blue Act H.R. 620 - the ADA Education and Reform Act of 2017 H.R. 4396 - the ME TOO Congress Act H.R. 4423 - N. Texas Water Supply Security Act H.R. 4809 - Guidance Out of Darkness (GOOD) Act H.R. 5468 - Permitting Litigation Efficiency Act of 2018 H.R. 6754 - CIRCUIT Act of 2018 S. 1609 - Energy and Water Development and Related Agencies Appropriations Act, 2018 S. 584 - Small Business Regulatory Flexibility Improvements Act S. 580 - Truth in Regulations Act of 2017 S. 579 - Early Participation in Regulations Act of 2017 S. 578 - Better Evaluation of Science and Technology (BEST) Act S. 577 - Providing Accountability through Transparency Act of 2017 S. 951 - Regulatory Accountability Act of 2017 S. 1615 - Dream Act of 2017 S. 2014 - Prove it Act of 2017 S. 565 - Judgment Fund Transparency Act S. 386 - Judgment Fund Transparency and Terrorism Financing Prevention Act of 2017 S. 276 - Judicial Administration and Improvement Act of 2017 Rulemakings EO 13781 - Presidential Executive Order on a Comprehensive Plan for Reorganizing the Executive Branch, 82 FR 13959 (March 13, 2017) EO 13777 - Enforcing the Regulatory Reform Agenda, 82 FR 12285 (March 1, 2017) EO 13783 - Presidential Executive Order on Promoting Energy Independence and Economic Growth, 82 FR 16093 (March 28, 2017) Environmental Protection Agency, Environmental Justice Action Agenda 2016-2020 (EJ 2020) Environmental Protection Agency, Evaluation of Existing Regulations, 82 Fed. Reg. 17,793 (Apr. 13, 2017) (Docket ID EPA-HQ-OA-2017-0190). Centers for Medicare & Medicaid Services (CMS), Health and Human Services, Proposed Changes to Strip Legal Rights from Vulnerable Residents in Long-Term Care Facilities, CMS-3342-P, 82 FR 26649, (June 8, 2017) Nominations Jeffrey Clark for Assistant Attorney General, Department of Justice Mike Pompeo for Secretary of State Andrew Oldham for United States Court of Appeals for the Fifth Circuit Damien Schiff for United States Court of Federal Claims Andrew Brasher for United States Court for the Middle District of Alabama Patrick Wyrick for United States District Judge for the Western District of Oklahoma Brett Kavanaugh for United States Supreme Court Jonathan Kobes for United States Court of Appeals for the Eight Circuit William Barr for U.S. Attorney General, Department of Justice Thomas Farr for United States District Judge for the Eastern District of NC Eric Miller for United States Court of Appeals for the Ninth Circuit

Client expense: $77,132 · Firm income: Not reported

Government targets: Agriculture, Dept of (USDA), Army, Dept of (Corps of Engineers), Bureau of Land Management (BLM), Centers For Medicare and Medicaid Services (CMS), Consumer Product Safety Commission (CPSC), Council on Environmental Quality (CEQ), Defense, Dept of (DOD), Energy, Dept of, Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, Interior, Dept of (DOI), Natl Oceanic & Atmospheric Administration (NOAA), SENATE, Transportation, Dept of (DOT), U.S. Fish & Wildlife Service (USFWS)

H.R. 985 (Fairness in Class Action Litigation Act of 2015); amends the federal judicial code to prohibit federal courts from certifying any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representatives. H.R. 2359 (FCRA Liability Harmonization Act); amends the civil liability requirements under the Fair Credit Reporting Act to include requirements relating to class actions. H.R. 725 (Innocent Party Protection Act); amends title 28, United States Code, to affect claims of fraudulent joinder. H.R. 720 (Lawsuit Abuse Reduction Act); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. H.R. 3487; amends section 1332 of title 28, United States Code, to provide that the requirement for diversity of citizenship jurisdiction is met if any one party to the case is diverse in citizenship from any one adverse party in the case. H.R. 2660 (APPEAL Act); provides exclusive original jurisdiction to the U.S. District Court for the District of Columbia for cases regarding an executive order, action, or memorandum. General lobbying with regard to federal judicial nominations. S. 951/H.R. 5 (Regulatory Accountability Act); amends the Administrative Procedures Act (APA), which is the law that governs how federal agencies propose and establish regulations. S. 21/H.R. 26 (REINS Act); provides that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law. S. 34/H.R. 21 (Midnight Rules Relief Act); amends chapter 8 of title 5, United States Code, to provide for en bloc consideration in resolutions of disapproval for midnight rules. S. 56 (RED Tape Act of 2017); prohibits a federal agency from issuing a rule that causes a new financial or administrative burden on businesses or people in the United States unless the agency has repealed or amended two or more such existing rules. S. 69 (Regulatory Responsibility for our Economy Act of 2017); sets forth general requirements for the federal regulatory system, including the protection of public health, welfare, safety, and the environment, the promotion of predictability in the regulatory process, and the consideration of benefits and costs of regulations. S. 584/H.R. 33 (Small Business Regulatory Flexibility Improvements Act); amends chapter 6 of the Regulatory Flexibility Act, to ensure complete analysis of potential impacts on small entities of rules. H.R. 74 (REVIEW Act of 2017); prohibits a final agency rule from being published or taking effect until the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA), and the OIRA makes a determination as to whether the rule is a high-impact rule. H.R. 75 (ALERT Act of 2017); amends title 5, united States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings. H.R. 76 (Separation of Powers Restoration Act of 2017); modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of: (1) constitutional and statutory provisions, and (2) rules made by agencies. H.R. 78 (SEC Regulatory Accountability Act); amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to require new standards to issue new rules and mandating a review of existing regulations. H.R. 978 (Regulatory Improvement Act of 2017); establish an independent advisory committee to review certain regulations. S. 288 (Regulatory Predictability for Business Growth Act of 2017); requires notice and comment for certain interpretative rules. S. 579 (Early Participation in Regulations Act of 2017); requires agencies to publish an advance notice of proposed rule making for major rules. H.R. 2887 (No Regulation Without Representation Act of 2017); stipulates that a State may tax or regulate a persons activity in interstate commerce only when such person is physically present in the State during the period in which the tax or regulation is imposed. S. 119/H.R. 469 (Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017); establishes public notice and comment procedures and motion to intervene standards for civil actions seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action, and for consent decrees or settlement agreements that require agency action, relating to a regulatory action that would affect the rights of: (1) private persons other than the person bringing the action; or (2) a state, local, or tribal government. H.R. 1430 (HONEST Act); prohibits the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible. S. 378/H.R. 1033 (Open Book on Equal Access to Justice Act); amends titles 5 and 28, United States Code, to require the maintenance of databases on, awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party. S. 328/H.R. 968 (Equal Justice Under Law Act of 2017); enforces the Sixth Amendment right to the assistance of effective counsel at all stages of the adversarial process, to confer jurisdiction upon the district courts of the United States to provide declaratory and injunctive relief against systemic violations of such right. S. 333/S. 522/H.R. 732 (Stop Settlement Slush Funds Act of 2017); limits donations made pursuant to settlement agreements to which the United States is a party. H.R. 620 (ADA Education and Reform Act of 2017); amends the Americans with Disabilities Act of 1990 to promote compliance through education, to clarify the requirements for demand letters, to provide for a notice and cure period before the commencement of a private civil action. H.R. 1493 (ADA Lawsuit Clarification Act of 2017); amends the Americans with Disabilities Act of 1990 to impose notice and a compliance opportunity to be provided before commencement of a private civil action. H.R. 50 (Unfunded Mandates Information and Transparency Act of 2017); regulatory reform, restricting agency mandates. H.R 4423 (North Texas Water Supply Security Act of 2017)/ H.R. 5468 (Permitting Litigation Efficiency Act of 2018); regulatory reform targeting judicial review of the environmental review process. S.J.Res. 57 (providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to Indirect Auto Lending and Compliance with the Equal Credit Opportunity). H.R. 5954 (Anti-terrorism Clarification Act); amends existing law to make is easier to file civil cases against foriegn countries for their role in terrorist activities. Draft legislation on international evidence parity rules; more specifically the ability to obtain discovery of American companies in foriegn tribunals. General lobbying with regard to proposed revisions to the Federal Rules of Civil Procedure and Federal Rules of Evidence; Rule 23, MDLs, Rule 30(b)(6), social security appeals, Residual hearsay exception. General lobbying with regard to clarifying state and federal court jurisdiction in certain cases. General lobbying with regard to settlement disclosures. General lobbying with respect to diversity jurisdiction and potential changes to the jurisdiction rules. General lobbying with regard to the emoluments clause. General lobbying with regard to nominations to executive agencies. General lobbying with regard to regulatory reform. General lobbying with regard to injunctive relief. General lobbying related to federalizing the treatment of non-disclosure agreements. General lobbying with regard to intermediate care facility class actions.

Americas Water Infrastructure Act of 2018 (S.2800) Water Infrastructure Finance and Innovation Reauthorization (WIFIA) Act of 2017 (H.R.4492) Permitting Litigation Efficiency Act of 2018 (H.R. 5468)

Client expense: Not reported · Firm income: $40,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

H.R. 985 (Fairness in Class Action Litigation Act of 2015); amends the federal judicial code to prohibit federal courts from certifying any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representatives. H.R. 2359 (FCRA Liability Harmonization Act); amends the civil liability requirements under the Fair Credit Reporting Act to include requirements relating to class actions. H.R. 725 (Innocent Party Protection Act); amends title 28, United States Code, to affect claims of fraudulent joinder. H.R. 720 (Lawsuit Abuse Reduction Act); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. H.R. 3487; amends section 1332 of title 28, United States Code, to provide that the requirement for diversity of citizenship jurisdiction is met if any one party to the case is diverse in citizenship from any one adverse party in the case. H.R. 2660 (APPEAL Act); provides exclusive original jurisdiction to the U.S. District Court for the District of Columbia for cases regarding an executive order, action, or memorandum. S. 951/H.R. 5 (Regulatory Accountability Act); amends the Administrative Procedures Act (APA), which is the law that governs how federal agencies propose and establish regulations. S. 21/H.R. 26 (REINS Act); provides that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law. S. 34/H.R. 21 (Midnight Rules Relief Act); amends chapter 8 of title 5, United States Code, to provide for en bloc consideration in resolutions of disapproval for midnight rules. S. 56 (RED Tape Act of 2017); prohibits a federal agency from issuing a rule that causes a new financial or administrative burden on businesses or people in the United States unless the agency has repealed or amended two or more such existing rules. S. 69 (Regulatory Responsibility for our Economy Act of 2017); sets forth general requirements for the federal regulatory system, including the protection of public health, welfare, safety, and the environment, the promotion of predictability in the regulatory process, and the consideration of benefits and costs of regulations. S. 584/H.R. 33 (Small Business Regulatory Flexibility Improvements Act); amends chapter 6 of the Regulatory Flexibility Act, to ensure complete analysis of potential impacts on small entities of rules. H.R. 74 (REVIEW Act of 2017); prohibits a final agency rule from being published or taking effect until the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA), and the OIRA makes a determination as to whether the rule is a high-impact rule. H.R. 75 (ALERT Act of 2017); amends title 5, united States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings. H.R. 76 (Separation of Powers Restoration Act of 2017); modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of: (1) constitutional and statutory provisions, and (2) rules made by agencies. H.R. 78 (SEC Regulatory Accountability Act); amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to require new standards to issue new rules and mandating a review of existing regulations. H.R. 978 (Regulatory Improvement Act of 2017); establish an independent advisory committee to review certain regulations. S. 288 (Regulatory Predictability for Business Growth Act of 2017); requires notice and comment for certain interpretative rules. S. 579 (Early Participation in Regulations Act of 2017); requires agencies to publish an advance notice of proposed rule making for major rules. H.R. 2887 (No Regulation Without Representation Act of 2017); stipulates that a State may tax or regulate a persons activity in interstate commerce only when such person is physically present in the State during the period in which the tax or regulation is imposed. S. 119/H.R. 469 (Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017); establishes public notice and comment procedures and motion to intervene standards for civil actions seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action, and for consent decrees or settlement agreements that require agency action, relating to a regulatory action that would affect the rights of: (1) private persons other than the person bringing the action; or (2) a state, local, or tribal government. H.R. 1430 (HONEST Act); prohibits the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible. S. 378/H.R. 1033 (Open Book on Equal Access to Justice Act); amends titles 5 and 28, United States Code, to require the maintenance of databases on, awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party. S. 328/H.R. 968 (Equal Justice Under Law Act of 2017); enforces the Sixth Amendment right to the assistance of effective counsel at all stages of the adversarial process, to confer jurisdiction upon the district courts of the United States to provide declaratory and injunctive relief against systemic violations of such right. S. 333/S. 522/H.R. 732 (Stop Settlement Slush Funds Act of 2017); limits donations made pursuant to settlement agreements to which the United States is a party. H.R. 620 (ADA Education and Reform Act of 2017); amends the Americans with Disabilities Act of 1990 to promote compliance through education, to clarify the requirements for demand letters, to provide for a notice and cure period before the commencement of a private civil action. H.R. 1493 (ADA Lawsuit Clarification Act of 2017); amends the Americans with Disabilities Act of 1990 to impose notice and a compliance opportunity to be provided before commencement of a private civil action. H.R. 50 (Unfunded Mandates Information and Transparency Act of 2017); regulatory reform, restricting agency mandates. H.R 4423 (North Texas Water Supply Security Act of 2017)/ H.R. 5468 (Permitting Litigation Efficiency Act of 2018); regulatory reform targeting judicial review of the environmental review process. S.J.Res. 57 (providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to Indirect Auto Lending and Compliance with the Equal Credit Opportunity). H.R. 5954 (Anti-terrorism Clarification Act); amends existing law to make is easier to file civil cases against foriegn countries for their role in terrorist activities. H.R. 6730 (Injunctive Authority Clarification Act); eliminates the ability of federal district courts to grant universal injunctions. H.R. 3487 (Complete Diversity Jurisdiction); eliminates the current requirement for complete diversity of parties, and changes the rule to minimal diversity. H.R. 6754 (CIRCUIT Act); splits up the 9th Circuit Court of Appeals. H.R. 6755 (Judiciary ROOM Act); makes several changes to court structures and procedures. Report Language on Conference Report (H.R. 6157 Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act). Representative Bobby Scott Amendment to H.R. 6157 Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, to overturn executive order on Administrative Law Judges. Draft legislation on international evidence parity rules; more specifically the ability to obtain discovery of American companies in foriegn tribunals. General lobbying with regard to proposed revisions to the Federal Rules of Civil Procedure and Federal Rules of Evidence; Rule 23, MDLs, Rule 30(b)(6), social security appeals, residual hearsay exception. General lobbying with regard to clarifying state and federal court jurisdiction in certain cases. General lobbying with regard to settlement disclosures. General lobbying with respect to diversity jurisdiction and potential changes to the jurisdiction rules. General lobbying with regard to the emoluments clause. General lobbying with regard to regulatory reform. General lobbying with regard to injunctive relief. General lobbying related to federalizing the treatment of non-disclosure agreements. General lobbying with regard to intermediate care facility class actions. Lobbying with regard to federal judicial nominations generally, and with specific regard to the nomination of Judge Brett Kavanaugh to the Supreme Court of the United States. Lobbying with regard to federal executive agency nominations generally, and with specific regard to the nomination of Peter Feldmen to be Commissioner of the Consumer Product Safety Commission (CPSC) and with specific regard to the nomination of Diana Furchtgott-Roth to be Assistant Secretary of Transportation.

H.R. 5, Regulatory Accountability Act of 2017 H.R. 806, Ozone Standards Implementation Act of 2017 H.R. 978, Regulatory Improvement Act of 2017 H.R. 1004, Regulatory Integrity Act of 2017 H.R. 1430, Honest and Open New EPA Science Treatment (HONEST) Act of 2017 H.R. 1431, EPA Science Advisory Board Reform Act of 2017 H.R. 1654/S. 677, Water Supply Permitting Coordination Act H.R. 1917/S. 839, Blocking Regulatory Interference from Closing Kilns Act of 2017 H.R. 3608, Endangered Species Transparency and Reasonableness Act H.R. 5468, Permitting Litigation Efficiency Act of 2018 H.R. 5961, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 H.R. 6344, Land Ownership Collaboration Accelerates Life (LOCAL) Act of 2018 H.R. 6345, Ensuring Meaningful Petition Outreach While Enhancing Rights of States (EMPOWERS) Act of 2018 H.R. 6346, Weigh Habitats Offsetting Locational Effects (WHOLE) Act of 2018 H.R. 6354, Stop Takings On Reserves Antithetical to Germane Encapsulation (STORAGE) Act of 2018 H.R. 6355, Providing ESA Timing Improvements That Increase Opportunities for Nonlisting (PETITION) Act of 2018 H.R. 6356, Less Imprecision in Species Treatment (LIST) Act of 2018 H.R. 6360, Permit Reassurances Enabling Direct Improvements for Conservation, Tenants, and Species (PREDICTS) Act of 2018 H.R. 6364, Localizing Authority of Management Plans (LAMP) Act of 2018 S. 69, Regulatory Responsibility for our Economy Act of 2017 S. 2364, Securing Required Funding for Water Infrastructure Now (SRF WIN) Act S. 2602, Utilizing Significant Emissions with Innovative Technologies (USE IT) Act S. 3017, Federal Permitting Reform and Jobs Act S. 3303, Water Quality Certification Improvement Act of 2018 Draft legislation titled Endangered Species Act Amendments of 2018 Draft field-based methods for developing aquatic life criteria for specific conductivity (81 Fed. Reg. 94,370-94,371, December 23, 2016) Proposed rule on repeal of carbon pollution emission guidelines for existing stationary sources: electric utility generating units (82 Fed. Reg. 48,035-48,049, October 16, 2017) Clean Water Act Coverage of "Discharges of Pollutants" via a Direct Hydrologic Connection to Surface Water (83 Fed. Reg. 7,126-7,128, February 20, 2018) Availability of draft toxicological profile; perfluoroalkyls (83 Fed. Reg. 28,849, June 21, 2018) Proposed rule on user fees for the administration of the Toxic Substances Control Act (83 Fed. Reg. 8,212-8,235, February 26, 2018) Proposed rule on increasing consistency and transparency in considering costs and benefits in the rulemaking process (83 Fed. Reg. 27,524-27,528, June 13, 2018) Proposed rule on accidental release prevention requirements: risk management programs under the Clean Air Act (83 Fed. Reg. 24,850-24,883, May 30, 2018) Clean Water Act hazardous substances spill prevention (83 Fed. Reg. 29,499-29,520, June 25, 2018) Definition of waters of the United States-recodification of preexisting rule (83 Fed. Reg. 32,227-32,252, July 12, 2018) Proposed rule on endangered and threatened wildlife and plants; revision of the regulations for interagency cooperation (83 Fed. Reg. 35,178-35,193, July 25, 2018) Proposed rule on endangered and threatened wildlife and plants; revision of the regulations for listing species and designating critical habitat (83 Fed. Reg. 35,193-35,201, July 25, 2018) Proposed rule on endangered and threatened wildlife and plants; revision of the regulations for prohibitions to threatened wildlife and plants (83 Fed. Reg. 35,174-35,177, July 25, 2018) Problem Formulations for the Risk Evaluations To Be Conducted Under the Toxic Substances Control Act, and General Guiding Principles To Apply Systematic Review in TSCA Risk Evaluations; Notice of Availability (83 Fed. Reg. 26,998 -27,000, June 11, 2018) Update to the regulations for implementing the procedural provisions of the National Environmental Policy Act (83 Fed. Reg. 28,591-28,592, June 20, 2018) Nomination of Alexandra Dunn to Head the Office of Chemical Safety and Pollution Prevention (OCSPP) at the U.S. Environmental Protection Agency (EPA) Nomination of Jeffery Bossert Clark to be Assistant Attorney General (AAG) for the Department of Justice, Environment and Natural Resources Division (ENRD) Nomination of Mary Neumayr to the Council on Environmental Quality (CEQ) Various issues relating to regulatory reform; reforms to Endangered Species Act (P.L. 93-205); federal role in the toxic PFAS chemical crisis; regulation of per- and polyfluoroalkyl substances (PFAS); reforms to Migratory Bird Treaty Act (P.L. 65-188); implementation and reforms to the National Environmental Policy Act (P.L. 91-190); implementation of permit streamlining provisions of the Fixing Americas Surface Transportation (FAST) Act (P.L. 114-94); implementation of section 311 of the Clean Water Act (P.L. 92-500); implementation of the Toxic Substances Control Act (P.L. 94-469); EPAs ozone national ambient air quality standards; EPAs new source review (NSR) preconstruction permitting program; Agency for Toxic Substances and Disease Registry; good neighbor air quality standards; regulatory permit streamlining; environment and energy policy; oversight of the claimed benefits and costs of environmental regulations by the EPA; EPAs use of whole-economy modeling in the rulemaking process, including the formation of a Science Advisory Board panel; second action: definition of Waters of the United States; New York petition under section 126 of the Clean Water Act (P.L. 95-500); water issues

Legislation H.R. 469/S. 119 - Sunshine for Regulatory Decrees and Settlements Act of 2017 H.R. 10 - Financial CHOICE Act of 2017 H.R. 725 - The Innocent Party Protection Act H.R. 720/S. 237 - Lawsuit Abuse Reduction Act of 2017 H.R. 26/S. 21 - Regulations from the Executive in Need of Scrutiny Act of 2017 H.R. 985 - Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2017 H.R. 906 - Furthering Asbestos Claim Transparency Act of 2017 H.R. 953 - Reducing Regulatory Burdens Act of 2017 H.R 725 - Innocent Party Protection Act H.R. 1215 - Protecting Access to Care Act of 2017 H.R. 1704 - ACCESS Act of 2017 H.R. 1179 - Discouraging Frivolous Lawsuits Act H.R 1004 - Regulatory Integrity Act of 2017 HR 1009 - OIRA Insight, Reform, and Accountability Act H.R. 5 - Regulatory Accountability Act of 2017 H.R. 21/S. 34 - Midnight Rules Relief Act of 2017 H.R. 998 - Searching for and Cutting Regulations that are Unnecessarily Burdensome (SCRUB) Act H.R. 1430 - Honest and Open New EPA Science Treatment (HONEST) Act of 2017 H.R. 1 - Tax Cuts and Jobs Act (115th Congress, 2017-2018), Public law no. 115-97 HR 3117 - Transparency and Honesty in Energy Regulations Act of 2017 HR 732/ S. 333 - Stop Settlement Slush Funds Act of 2017 H.J. Res. 111/S.J. Res. 47 - CFPB Arbitration Rule CRA H.R. 2359 - FCRA Liability Harmonization Act H.R. 3141 - Taxpayer Transparency Act of 2017 H.R. 2233 - American Jobs First Act of 2017 H.R. 2437/ S. 1134 - Back the Blue Act H.R. 620 - the ADA Education and Reform Act of 2017 H.R. 4396 - the ME TOO Congress Act H.R. 4809 - Guidance Out of Darkness (GOOD) Act H.R. 5468 - Permitting Litigation Efficiency Act of 2018 S. 1609 - Energy and Water Development and Related Agencies Appropriations Act, 2018 S. 584 - Small Business Regulatory Flexibility Improvements Act S. 580 - Truth in Regulations Act of 2017 S. 579 - Early Participation in Regulations Act of 2017 S. 578 - Better Evaluation of Science and Technology (BEST) Act S. 577 - Providing Accountability through Transparency Act of 2017 S. 951 - Regulatory Accountability Act of 2017 S. 1615 - Dream Act of 2017 S. 2014 - Prove it Act of 2017 S. 565 - Judgment Fund Transparency Act S. 386 - Judgment Fund Transparency and Terrorism Financing Prevention Act of 2017 S. 276 - Judicial Administration and Improvement Act of 2017 Rulemakings EO 13781 - Presidential Executive Order on a Comprehensive Plan for Reorganizing the Executive Branch, 82 FR 13959 (March 13, 2017) EO 13777 - Enforcing the Regulatory Reform Agenda, 82 FR 12285 (March 1, 2017) EO 13783 - Presidential Executive Order on Promoting Energy Independence and Economic Growth, 82 FR 16093 (March 28, 2017) Environmental Protection Agency, Environmental Justice Action Agenda 2016-2020 (EJ 2020) Environmental Protection Agency, Evaluation of Existing Regulations, 82 Fed. Reg. 17,793 (Apr. 13, 2017) (Docket ID EPA-HQ-OA-2017-0190). Centers for Medicare & Medicaid Services (CMS), Health and Human Services, Proposed Changes to Strip Legal Rights from Vulnerable Residents in Long-Term Care Facilities, CMS-3342-P, 82 FR 26649, (June 8, 2017) Nominations Jeffrey Clark for Assistant Attorney General, Department of Justice Mike Pompeo for Secretary of State Andrew Oldham for United States Court of Appeals for the Fifth Circuit Damien Schiff for United States Court of Federal Claims Andrew Brasher for United States Court for the Middle District of Alabama Patrick Wyrick for United States District Judge for the Western District of Oklahoma Brett Kavanaugh for United States Supreme Court Jonathan Kobes for United States Court of Appeals for the Eight Circuit

H.R. 5468, Permitting Litigation Efficiency Act Regulatory Reform S. 951, Regulatory Accountability Act

Client expense: $2,850,000 · Firm income: Not reported

Government targets: Agriculture, Dept of (USDA), Bureau of Citizenship & Immigration Services (BCIS), Commerce, Dept of (DOC), Council on Environmental Quality (CEQ), Defense, Dept of (DOD), Energy, Dept of, Environmental Protection Agency (EPA), Executive Office of the President (EOP), Export-Import Bank of the United States (EXIM Bank), Federal Communications Commission (FCC), Federal Energy Regulatory Commission (FERC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Internal Revenue Service (IRS), Labor, Dept of (DOL), Natl Economic Council (NEC), Natl Institute of Standards & Technology (NIST), Natl Security Council (NSC), Natl Telecommunications & Information Administration (NTIA), Office of Management & Budget (OMB), Patent & Trademark Office (PTO), Postal Regulatory Commission, SENATE, Securities & Exchange Commission (SEC), State, Dept of (DOS), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Customs & Border Protection, U.S. Trade Representative (USTR), Vice President of the U.S., White House Office

HR 5468: Permitting Litigation Efficiency Act of 2018; provisions related to pipeline permitting HR 5729: Transportation Worker Identification Credential Accountability Act of 2018; provisions related to implementation Discussions related to tax and trade issues

Client expense: $2,730,000 · Firm income: Not reported

Government targets: Commerce, Dept of (DOC), Council on Environmental Quality (CEQ), Energy, Dept of, Environmental Protection Agency (EPA), Federal Bureau of Investigation (FBI), HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Natl Economic Council (NEC), Office of Management & Budget (OMB), Office of the Vice President of the United States, SENATE, State, Dept of (DOS), Treasury, Dept of, White House Office

H.R. 985 (Fairness in Class Action Litigation Act of 2015); amends the federal judicial code to prohibit federal courts from certifying any proposed class unless the party seeking to maintain a class action affirmatively demonstrates through admissible evidentiary proof that each proposed class member suffered an injury of the same type and extent as the injury of the named class representatives. H.R. 2359 (FCRA Liability Harmonization Act); amends the civil liability requirements under the Fair Credit Reporting Act to include requirements relating to class actions. H.R. 725 (Innocent Party Protection Act); amends title 28, United States Code, to affect claims of fraudulent joinder. H.R. 720 (Lawsuit Abuse Reduction Act); amends Rule 11 of the Federal Rules of Civil Procedure to make sanctions mandatory. H.R. 3487; amends section 1332 of title 28, United States Code, to provide that the requirement for diversity of citizenship jurisdiction is met if any one party to the case is diverse in citizenship from any one adverse party in the case. H.R. 2660 (APPEAL Act); provides exclusive original jurisdiction to the U.S. District Court for the District of Columbia for cases regarding an executive order, action, or memorandum. General lobbying with regard to federal judicial nominations. S. 951/H.R. 5 (Regulatory Accountability Act); amends the Administrative Procedures Act (APA), which is the law that governs how federal agencies propose and establish regulations. S. 21/H.R. 26 (REINS Act); provides that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law. S. 34/H.R. 21 (Midnight Rules Relief Act); amends chapter 8 of title 5, United States Code, to provide for en bloc consideration in resolutions of disapproval for midnight rules. S. 56 (RED Tape Act of 2017); prohibits a federal agency from issuing a rule that causes a new financial or administrative burden on businesses or people in the United States unless the agency has repealed or amended two or more such existing rules. S. 69 (Regulatory Responsibility for our Economy Act of 2017); sets forth general requirements for the federal regulatory system, including the protection of public health, welfare, safety, and the environment, the promotion of predictability in the regulatory process, and the consideration of benefits and costs of regulations. S. 584/H.R. 33 (Small Business Regulatory Flexibility Improvements Act); amends chapter 6 of the Regulatory Flexibility Act, to ensure complete analysis of potential impacts on small entities of rules. H.R. 74 (REVIEW Act of 2017); prohibits a final agency rule from being published or taking effect until the agency submits the rule to the Office of Information and Regulatory Affairs (OIRA), and the OIRA makes a determination as to whether the rule is a high-impact rule. H.R. 75 (ALERT Act of 2017); amends title 5, united States Code, to provide for the publication, by the Office of Information and Regulatory Affairs, of information relating to rulemakings. H.R. 76 (Separation of Powers Restoration Act of 2017); modifies the scope of judicial review of agency actions to authorize courts reviewing agency actions to decide de novo (without giving deference to the agency's interpretation) all relevant questions of law, including the interpretation of: (1) constitutional and statutory provisions, and (2) rules made by agencies. H.R. 78 (SEC Regulatory Accountability Act); amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to require new standards to issue new rules and mandating a review of existing regulations. H.R. 978 (Regulatory Improvement Act of 2017); establish an independent advisory committee to review certain regulations. S. 288 (Regulatory Predictability for Business Growth Act of 2017); requires notice and comment for certain interpretative rules. S. 579 (Early Participation in Regulations Act of 2017); requires agencies to publish an advance notice of proposed rule making for major rules. H.R. 2887 (No Regulation Without Representation Act of 2017); stipulates that a State may tax or regulate a persons activity in interstate commerce only when such person is physically present in the State during the period in which the tax or regulation is imposed. S. 119/H.R. 469 (Sunshine for Regulations and Regulatory Decrees and Settlements Act of 2017); establishes public notice and comment procedures and motion to intervene standards for civil actions seeking to compel agency action and alleging that an agency is unlawfully withholding or unreasonably delaying an agency action, and for consent decrees or settlement agreements that require agency action, relating to a regulatory action that would affect the rights of: (1) private persons other than the person bringing the action; or (2) a state, local, or tribal government. H.R. 1430 (HONEST Act); prohibits the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible. S. 378/H.R. 1033 (Open Book on Equal Access to Justice Act); amends titles 5 and 28, United States Code, to require the maintenance of databases on, awards of fees and other expenses to prevailing parties in certain administrative proceedings and court cases to which the United States is a party. S. 328/H.R. 968 (Equal Justice Under Law Act of 2017); enforces the Sixth Amendment right to the assistance of effective counsel at all stages of the adversarial process, to confer jurisdiction upon the district courts of the United States to provide declaratory and injunctive relief against systemic violations of such right. S. 333/S. 522/H.R. 732 (Stop Settlement Slush Funds Act of 2017); limits donations made pursuant to settlement agreements to which the United States is a party. H.R. 620 (ADA Education and Reform Act of 2017); amends the Americans with Disabilities Act of 1990 to promote compliance through education, to clarify the requirements for demand letters, to provide for a notice and cure period before the commencement of a private civil action. H.R. 1493 (ADA Lawsuit Clarification Act of 2017); amends the Americans with Disabilities Act of 1990 to impose notice and a compliance opportunity to be provided before commencement of a private civil action. H.R. 50 (Unfunded Mandates Information and Transparency Act of 2017); regulatory reform, restricting agency mandates. H.R 4423 (North Texas Water Supply Security Act of 2017)/ H.R. 5468 (Permitting Litigation Efficiency Act of 2018); regulatory reform targeting judicial review of the environmental review process. S.J.Res. 57 (providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to Indirect Auto Lending and Compliance with the Equal Credit Opportunity). H.R. 5954 (Anti-terrorism Clarification Act); amends existing law to make is easier to file civil cases against foriegn countries for their role in terrorist activities. Draft legislation on international evidence parity rules; more specifically the ability to obtain discovery of American companies in foriegn tribunals. General lobbying with regard to proposed revisions to the Federal Rules of Civil Procedure and Federal Rules of Evidence; Rule 23, MDLs, Rule 30(b)(6), social security appeals, Residual hearsay exception. General lobbying with regard to clarifying state and federal court jurisdiction in certain cases. General lobbying with regard to settlement disclosures. General lobbying with respect to diversity jurisdiction and potential changes to the jurisdiction rules. General lobbying with regard to the emoluments clause. General lobbying with regard to nominations to executive agencies. General lobbying with regard to regulatory reform. General lobbying with regard to injunctive relief. General lobbying related to federalizing the treatment of non-disclosure agreements. General lobbying with regard to intermediate care facility class actions.

H.R. 2, Agriculture and Nutrition Act of 2018 H.R. 5, Regulatory Accountability Act of 2017 H.R. 806, Ozone Standards Implementation Act of 2017 H.R. 978, Regulatory Improvement Act of 2017 H.R. 1004, Regulatory Integrity Act of 2017 H.R. 1430, Honest and Open New EPA Science Treatment (HONEST) Act of 2017 H.R. 1431, EPA Science Advisory Board Reform Act of 2017 H.R. 1654/S. 677, Water Supply Permitting Coordination Act H.R. 1917/S. 839, Blocking Regulatory Interference from Closing Kilns Act of 2017 H.R. 5468, Permitting Litigation Efficiency Act of 2018 S. 69, Regulatory Responsibility for our Economy Act of 2017 S. 2364, Securing Required Funding for Water Infrastructure Now (SRF WIN) Act S. 2976, Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 S. 3017, Federal Permitting Reform and Jobs Act S. ___, The Endangered Species Act Amendments of 2018 (discussion draft) Final regulations on clean water rule: Definition of Waters of the United States (80 Fed. Reg. 37,054-37,127, June 29, 2015) Proposed rule on repeal of carbon pollution emission guidelines for existing stationary sources: electric utility generating units (82 Fed. Reg. 48,035, October 16, 2017) Clean Water Act Coverage of "Discharges of Pollutants" via a Direct Hydrologic Connection to Surface Water (83 Fed. Reg. 7,126-7,128, February 20, 2018) Proposed rule on user fees for the administration of the Toxic Substances Control Act (83 Fed. Reg. 8,212-8,235, February 26, 2018) Proposed rule on definition of "waters of the United States"--recodification of pre-existing rules (82 Fed. Reg. 34,899-34,909, July 27, 2017) Proposed rule on increasing consistency and transparency in considering costs and benefits in the rulemaking process (83 Fed. Reg. 27,524-27,528, June 13, 2018) Proposed rule relating to increasing recycling: Adding aerosol cans to the universal waste regulations (83 Fed. Reg. 11,654-11,667, March 16, 2018) Proposed rule on accidental release prevention requirements: risk management programs under the Clean Air Act (83 Fed. Reg. 24,850-24,883, May 30, 2018) Nomination of Jeffery Bossert Clark to be Assistant Attorney General (AAG) for the Department of Justice, Environment and Natural Resources Division (ENRD) Various issues relating to regulatory reform; reforms to Endangered Species Act (P.L. 93-205); reforms to Migratory Bird Treaty Act (P.L. 65-188); implementation of permit streamlining provisions of the Fixing Americas Surface Transportation (FAST) Act (P.L. 114-94); EPAs ozone national ambient air quality standards; regulatory permit streamlining; environment and energy policy; oversight of the claimed benefits and costs of environmental regulations by the EPA; oversight of the impact of federal regulations on employment in the U.S.; EPAs use of whole-economy modeling in the rulemaking process, including the formation of a Science Advisory Board panel; second action: definition of Waters of the United States; Clean Water Act (P.L. 95-500) hazardous substances spill prevention; water issues