Litigation Challenging Trump’s Executive Order on Reducing Regulation and Controlling Regulatory Costs

by Chris Walker — Wednesday, May 17, 2017@chris_j_walker

Over at The Regulatory Review today, Scott Slesinger, Legislative Director at NRDC, and Robert Weissman, President of Public Citizen, have an essay detailing their lawsuit challenging the lawfulness of the Trump Administration’s Executive Order on Reducing Regulation and Controlling Regulatory Costs. Over at the Library of Law and Liberty blog back in February, Brian Mannix posted his skeptical take on this litigation. On Monday, the plaintiffs filed their motion for summary judgment.

In a nutshell, this Executive Order requires that an agency identify for elimination two old regulations for every new regulation proposed as well as imposes a version of regulatory budgeting to control the total cost of an agency’s regulatory activity. I hope to dive into the issues in this litigation in future posts, but for now I wanted to provide links to the relevant documents:

Presidential Executive Order on Reducing Regulation and Controlling Regulatory Costs (Jan. 30, 2017)

OIRA Memorandum: Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, Titled “Reducing Regulation and Controlling Regulatory Costs” (Feb. 2, 2017)

Memorandum: Implementing Executive Order 13771, Titled “Reducing Regulation and Controlling Regulatory Costs” (Apr. 5, 2017)

Complaint for Declaratory and Injunctive Relief, Public Citizen v. Trump, No. 1:17-cv-00253 (D.D.C., filed Feb. 8, 2017)

First Amended Complaint for Declaratory and Injunctive Relief, Public Citizen v. Trump, No. 1:17-cv-00253 (D.D.C., filed Apr. 21, 2017)

Defendants’ Motion to Dismiss the First Amended Complaint, Public Citizen v. Trump, No. 1:17-cv-00253 (D.D.C., filed May 12, 2017)

Plaintiffs’ Motion for Summary Judgment, Public Citizen v. Trump, No. 1:17-cv-00253 (D.D.C., filed May 15, 2017)

 

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About Chris Walker

Christopher Walker is a law professor at The Ohio State University Moritz College of Law. Prior to joining the law faculty, Professor Walker clerked for Justice Anthony Kennedy of the U.S. Supreme Court and worked on the Civil Appellate Staff at the U.S. Department of Justice. His publications have appeared in the Michigan Law Review, Minnesota Law Review, Stanford Law Review, and University of Pennsylvania Law Review, among others. Outside the law school, he serves as one of forty Public Members of the Administrative Conference of the United States and on the Governing Council for the American Bar Association’s Section on Administrative Law and Regulatory Practice. He blogs regularly at the Yale Journal on Regulation.

Cite As: Author Name, Title, Yale J. on Reg.: Notice & Comment (date), URL.

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