Executive Order Requires Agencies to Participate in Deregulation
A Feb. 19 executive order, “ Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative ” calls on agencies to review all their regulations “for consistency with law and administration policy.” The executive order seeks to end “federal overreach” by ordering agency heads to, in consultation with the attorney general, identify: Unconstitutional rules. Regulations based on unlawful delegations of legislative power. Regulations based on “anything other than the best reading of the underlying statutory authority or prohibition.” Rules that implicate matters of social, political, or economic significance that are not authorized by clear statutory authority. Regulations that impose significant costs on private parties that are not outweighed by public benefits. Regulations that harm the national interest by “significantly and unjustifiably impeding technological innovation, infrastructure development, disaster response...