Two White House Directives Cover Regulatory Reviews

Two April 9 directives set into motion more reviews by agencies of their rules. An executive order (bit.ly/4jvY8vd) tells agency heads to work with the Attorney General and the chairman of the of the Federal Trade Commission (FTC) to determine if regulations have anti-competitive effects based on seven criteria. Reports would be due in 70 days, including whether modifications or full repeals should occur. The FTC chairman could add to agencies' lists.

There also would be a 40-day comment period to seek ideas from the public about what regulations to target.

The goal is a decision within 90 days to incorporate the identified regulations into the culling lists directed by a February executive order (PSL, 2/24/25).

Meanwhile, that earlier order is the subject of the second directive,  a White House memo (bit.ly/3RIv8Et) giving agencies 60 days to decide if regulations are counter to a list of 10 Supreme Court decisions, most issued since 2020.

Notice and comment might not occur. The memo asserts, "Agencies have ample cause and the legal authority to immediately repeal unlawful regulations" under the public interest exceptions of the Administrative Procedure Act. It explains, "Retaining and enforcing facially unlawful regulations is clearly contrary to the public interest."

It also says comment and notice are unneeded to comply with Supreme Court decisions.

It does not mention a newly asserted power that a presidential order is sufficient to skip notice and comment when repealing rules. Presidents have fiat power to repeal regulations without following those steps from the Administrative Procedure Act, suggests an April 9 executive order on the definition of showerheads and effects on water pressure. The order (bit.ly/43PWCzu) does not address if this assertion of power applies only to repeals or also to altering and adding regulations.