TRUMP SEEKS TO REPEAL REGULATIONS
May 1, 2025
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On April 9, 2025, the Trump administration issued a Presidential Memorandum (the “Memo”) directing federal agencies to repeal unlawful regulations pursuant to recent U.S. Supreme Court decisions. This “review-and-repeal effort” focuses on regulations which relied on now-superseded Supreme Court precedent. As readers might recall, President Trump ordered federal agencies earlier this year to review existing regulations with an eye towards whether any conflict with White House policy priorities or exceed an agency’s statutory authority. Following the recent Loper Bright decision in which the U.S. Supreme Court overturned the decades old Chevron doctrine, regulations are now subject to greater scrutiny, especially if the regulation at issue departs from the statutory text.
Interestingly, these plans to repeal unlawful regulations could be implemented without following standard Administrative Procedure Act (“APA”) practice. Generally, when repealing regulations, federal agencies must adhere to the same notice-and-comment procedures they used when issuing the regulation in the first place. In justifying this approach, the Administration cites a statutory exception to that general rule (i.e., the good-cause exception) which allows an agency to forgo ordinary repeal procedures when “good cause” exists such that adherence to the notice-and-comment process would be impracticable, unnecessary, or contrary to the public interest.
This Aviation Blog is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com, Andrew Orr 202.659.6625 or aorr@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com; or Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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