Trump Administration Tells Agencies to Quickly Repeal 'Unlawful' Rules

Kevin King’s commentary was included in a Bloomberg article on President Trump’s order directing agencies to identify unlawful regulations. Kevin discusses the implications of the memo.

Litigation on the issue could “break new ground and open up a major new pathway for expedited deregulatory action,” Kevin said. He also noted there are still risks to that strategy, as some courts have construed the exception narrowly and denied agencies’ prior attempts to bypass standard requirements to repeal regulations.

If the government’s gamble that courts will accept a broad use of the good cause exception pays off, “the Trump administration will achieve widespread, durable, once-in-a-generation regulatory reform,” Kevin added.