by JPeters | May 7, 2025 11:11 am
One of the early actions of the new Trump Administration was the signing of Executive Order 14192[1] (EO) on January 31, 2025, entitled “Unleashing Prosperity Through Deregulation,” which, among other things, instructed his administration to eliminate 10 rules and regulations for every “new” regulation submitted. This EO was in keeping with the Trump Administration’s regulatory freeze[2] issued on January 20, 2025.
The definition of “rules and regulations” references an EO from the first Trump Administration—EO 13771[3]—where it is stipulated that rules and regulations are “an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirement of an agency.”
EO 14192 further clarifies that rules and regulations include “without limitation, regulations, rules, memoranda, administrative orders, guidance documents, policy statements, and interagency agreements regardless of whether the same were enacted through the processes in the Administrative Procedure Act[4].”
Then, on February 25, 2025, President Trump signed EO 14219[5], titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative.” In this EO, in addition to establishing the Department of Government Efficiency (DOGE), the White House directed federal department and agency heads to identify certain “categories of potentially improper rules” and “begin plans for repeal.”
Legal justifications
On April 9, 2025, President Trump signed a Presidential Memorandum[6] requiring agencies to “rescind regulations that are unlawful under 10 recent Supreme Court decisions: Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024); West Virginia v. EPA, 597 U.S. 697 (2022); SEC v. Jarkesy, 603 U.S. 109 (2024); Michigan v. EPA, 576 U.S. 743 (2015); Sackett v. EPA, 598 U.S. 651 (2023); Ohio v. EPA, 603 U.S. 279 (2024); Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021); Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023); Carson v. Makin, 596 U.S. 767 (2022); and Roman Cath. Diocese of Brooklyn v. Cuomo, 592 U.S. 14 (2020). The same day, the White House published a fact sheet[7] considering these rulings and their relevance for the administration’s deregulation actions.
Public comment
On April 11, 2025, the Office of Management and Budget[8] (OMB) published a memo entitled “Request for Information (RFI): Deregulation” and asked for public comments and deregulatory recommendations concerning the administration’s goal to rescind or replace agency regulations, including rules developed and enforced by the Occupational Safety and Health Administration[9] (OSHA). The RFI has a submission deadline of May 12, 2025. Submissions can be made through regulations.gov[10].
The OMB is asking all interested parties to identify rules they want rescinded and provide detailed reasons for rescission. There are no limitations in this request. Comments are invited about “any and all regulations currently in effect.”
If you have any questions or concerns about participating, identifying regulations for recission, or any other matter pursuant to this process, don’t hesitate to contact Orr & Reno for assistance.
James F. Laboe[11]
Source URL: https://orr-reno.com/blog-public-input-on-deregulation/
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