Notice & Comment

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

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)