While there is a simple elegance that will appeal to many in US President Donald Trump’s January 30, 2017, executive order on reducing regulations, its actual implementation is a lot messier. So much so that the White House has provided agencies with precious little guidance, instructing them to call the Office of Management and Budget (“OMB”) with questions. However, the OMB’s ability to answer the anticipated questions likely will be impaired by a lack of clear legal standards. The order requires that to issue a new regulation, an agency must identify two prior regulations to be repealed. The cost associated with a new regulation must be offset by the cost savings associated with eliminating the two prior regulations. This Legal Update analyzes the regulatory actions that would be subject to the executive order and discusses the issues in implementing the order.
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