HHS Proposes to Withdraw or Repeal Trump-Era ‘Sunset Rule’

HHS Proposes to Withdraw or Repeal Trump-Era ‘Sunset Rule’
Decision Comes Months After Coalition Lawsuit Challenged the Rule Which Would Have Eliminated 18k+ Critical Health and Safety Regulations

Washington, D.C. — This week, the Department of Health and Human Services (HHS) proposed to repeal or withdraw the Trump-era Sunset Rule. The Sunset Rule, which was proposed and finalized in that administration’s lame duck period, would have set a ticking time bomb on thousands of health and food safety regulations issued by HHS and its sub-agencies. HHS is now accepting comments on the withdrawal proposal through December 28.

In March, the County of Santa Clara, the California Tribal Families Coalition (CTFC), the National Association of Pediatric Nurse Practitioners (NAPNAP), the American Lung Association, the Center for Science in the Public Interest (CSPI), and NRDC (Natural Resources Defense Council) filed suit over the unlawful Sunset Rule, prompting the Biden administration to respond and issue a one-year stay of the effective date of the rule.

In response to HHS’ proposal, the Plaintiffs in County of Santa Clara et al. v. HHS issued the following joint statement:

“We are glad to see the Biden administration is taking the next necessary step to fully repeal the Sunset Rule. Not only was the rule ill-conceived, impractical, and unlawful, but also, if left in place, it would have jeopardized health and safety regulations affecting everything from healthcare and vaccination programs to baby formula and drug safety. We will continue to follow this rulemaking closely to ensure that the Sunset Rule is gone for good.”

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Democracy Forward is a nonprofit legal organization founded in 2017 to litigate challenges to unlawful government action on behalf of organizations, individuals, and municipalities. The organization has taken 650 legal actions and reversed dozens of harmful policies. Democracy Forward is expanding its work, building on its success to confront unlawful threats to democracy and social progress.

The County of Santa Clara government serves a diverse, multi-cultural population of 1.9 million residents, more populous than 14 states. The County provides essential services to its residents, including public health protection, environmental stewardship, medical services through the County of Santa Clara Health System, child and adult protection services, homelessness prevention and solutions, roads, park services, libraries, emergency response to disasters, protection of minority communities and those under threat, access to a fair criminal justice system, and many other public benefits. The Office of the County Counsel serves as legal counsel to the County of Santa Clara and is responsible for all civil litigation involving the County and its officers. Through its Social Justice and Impact Litigation Section, the Office litigates high-impact cases, drafts innovative local ordinances, and develops policies and programs to advance social and economic justice. For more information, visit counsel.sccgov.org.

Comprised of more than 40 tribes and tribal organizations from across the state, the California Tribal Families Coalition’s mission is to promote and protect the health, safety and welfare of tribal children and families, which are inherent tribal governmental functions and are at the core of tribal sovereignty and tribal governance.

The National Association of Pediatric Nurse Practitioners (NAPNAP) is the nation’s only professional association for pediatric-focused advanced practice registered nurses (APRNs) dedicated to improving the quality of health care for infants, children, adolescents and young adults. Representing more than 8,000 health care practitioners with 18 specialty practice interest groups and 53 chapters, NAPNAP has been advocating for children’s health since 1973 and was the first APRN society in the U.S. Our mission is to empower pediatric-focused advanced practice registered nurses and key partners to optimize child and family health.

The American Lung Association is the leading organization working to save lives by improving lung health and preventing lung disease through education, advocacy and research. The work of the American Lung Association is focused on four strategic imperatives: to defeat lung cancer; to champion clean air for all; to improve the quality of life for those with lung disease and their families; and to create a tobacco-free future. For more information about the American Lung Association, a holder of the coveted 4-star rating from Charity Navigator and a Gold-Level GuideStar Member, or to support the work it does, call 1-800-LUNGUSA (1-800-586-4872) or visit: Lung.org.

The Center for Science in the Public Interest (CSPI) is America’s Food and Health Watchdog, a non-profit consumer education and advocacy organization that has worked since 1971 to improve the public’s health through better nutrition and safer food. CSPI does not accept government or corporate donations and is supported by donations from individuals and foundations and subscribers to its Nutrition Action Healthletter.

NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Since 1970, our lawyers, scientists, and other environmental specialists have worked to protect the world’s natural resources, public health, and the environment. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Bozeman, MT, and Beijing. Visit us at www.nrdc.org and follow us on Twitter @NRDC.

Press Contacts

Emily Singer
Democracy Forward
(973) 865-0063
esinger@democracyforward.org

Jeff Cronin
Center for Science in the Public Interest
(202) 777-8370 

María Leticia Gómez/Laurel Anderson
Office of Communications and Public Affairs, County of Santa Clara
(408) 299-5119
sccpublicaffairs@ceo.sccgov.org

Jill Dale
American Lung Association
(312) 940-7001
jill.dale@lung.org 

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