TRUMP ADMINISTRATION ISSUES EXECUTIVE ORDER ON REDUCING REGULATION AND CONTROLLING REGULATORY COSTS; ORDERS CREATION OF TASK FORCES
March 1, 2017
On January 30, 2017, the Trump Administration published an Executive Order (EO) on “Reducing Regulation and Controlling Regulatory Costs.” Notably, Section 2 of the EO states that “Unless prohibited by law, whenever an executive department or agency (agency) publicly proposes for notice and comment or otherwise promulgates a new regulation, it shall identify at least two existing regulations to be repealed.” In complying with the EO, executive departments and agencies will be required to issue two “deregulatory” actions for each new significant regulatory action that imposes costs.
How the EO will affect existing and future rulemakings remains to be seen; however, the Director of the Office of Management and Budget did publish interim guidance on the EO, which addresses issues of coverage, and clarifies that the EO applies to “significant final regulations for which agencies issued a Notice of Proposed Rulemaking before noon on January 20, 2017”. The interim guidance also addresses issues of accounting, processes and waiver.
More recently, on February 24, 2017, President Trump ordered government agencies to create regulatory task forces to begin identifying rules for elimination. According to the Administration, the move is a part of the assault on regulations that damage the economy according to the trump administration. The executive order specifically directs each agency to establish a task force to review existing regulations and rules that are costly and unnecessary to be repealed or modified.
The Executive Order is available at: https://www.whitehouse.gov/the-press-office/2017/01/30/presidential-executive-order-reducing-regulation-and-controlling
The Interim Guidance is available at: https://www.whitehouse.gov/sites/whitehouse.gov/files/briefing-room/presidential-actions/related-omb-material/eo_iterim_guidance_reducing_regulations_controlling_regulatory_costs.pdf
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).
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