I have a piece up in The Hill with some initial thoughts about 5 ways the partial federal shutdown is playing out in the rulemaking process. The punchline is that the longer key aspects of the federal regulatory process remain idle, the harder it will be for the president to make progress on his deregulatory goals. […]
Over at SCOTUSblog, health law and admin law dynamos Abbe R. Gluck and Anne Joseph O’Connell joined forces to write a helpful argument preview for a case that will be argued at the Supreme Court next week. Azar v. Allina Health Services is both a Medicare case and an interpretive rule case; a complexity two-fer, if […]
Earlier this week I posted a new report over at the GW Regulatory Studies Center that sheds some light on the inner workings of this administration’s ongoing regulatory two-for-one initiative. As you might recall, Executive Order 13771 imposed new constraints on executive branch regulatory agencies, directing them to cut two rules for any new rule issued and to […]
Earlier this month the U.S. Department of Labor (DOL) issued a proposed rule that may turn out to be the first opportunity to test the Congressional Review Act (CRA) post-disapproval restriction on rulemaking. The CRA authorizes Congress to use an expedited process to nullify recent rules. It has been used successfully 17 times, 16 of which […]
Last year, Chris Walker shared a heads up about a series hosted by the Brookings Center on Regulation and Markets on Regulatory Process and Perspective. The series has developed really nicely, offering a data-driven insights in this important field. A few recent highlights that I keep coming back to for reference: Trump’s deregulatory efforts keep […]
It’s a big day for folks who follow regulation! The Unified Agenda of Regulatory (and Deregulatory) Actions for Fall 2018 rolled out today along with a report on the FY 2018 results of the President’s regulatory two-for-one initiative. These are important documents because, respectively, they give us a snapshot of the government’s plans for the next […]
This post picks up where my last post left off, recapping aspects of the initial memorandum opinion and order in Public Citizen, Inc. et al v. Trump (D.D.C.). This is the case challenging President Trump’s regulatory “two-for-one” executive order (EO 13771). In the course of its discussion on associational standing, the court considers whether the […]
In my last post on this topic, I offered a brief summary of the litigation in the U.S. District Court for the District of Columbia challenging President Trump’s regulatory “two-for-one” executive order, EO 13771. In short, the case was initially dismissed for lack of standing, the plaintiffs amended their complaint, the government responded, and we […]
It’s my pleasure to share that on Monday, September 24, current and former Office of Information and Regulatory Affairs (OIRA) chiefs will gather for an afternoon event entitled “Celebrating 25 Years of Executive Order 12866: Reflecting on its longevity & looking to the future.” The current administrator of OIRA will join predecessors from the Obama, […]
You might recall that nine days after President Trump issued Executive Order 13,771, a set of influential interest groups filed a lawsuit in the U.S. District Court for the District of Columbia. That challenge, filed by Public Citizen, Inc., Natural Resources Defense Council, Inc., and Communications Workers of America, AFL-CIO on February 8, 2017, is still […]
One of the most intriguing, unanswered questions about this Administration’s approach to regulatory policy is whether they’ll pull independent agencies in for some form of review by the Office of Information and Regulatory Affairs (OIRA). Although this issue has been kicked around for decades, President Trump’s appointment of Neomi Rao to the post of OIRA […]