Trump’s Regulatory Agenda: A Return to Deregulation
As President-elect Donald Trump prepares to take office, anticipation is building around his agenda for federal agencies and the rollback of Biden-era regulations. Trump campaigned on a platform aimed at dismantling what he described as an overreaching administrative state, and experts predict day one will initiate significant executive actions.
Day One Strategy: Executive Orders and Regulatory Reviews
“The first thing is that on day one of [Trump’s] presidency, we’ll see a lot of executive orders,” stated Robert Glicksman, J.B. and Maurice C. Shapiro Professor of Environmental Law at George Washington University Law School, in an interview with Fox News Digital. He emphasized that these orders will task agencies with reviewing existing regulations to assess whether they should be maintained, revised, or entirely eliminated.
Mark Chenoweth, president of the New Civil Liberties Alliance, echoed the sentiment, pointing out that numerous regulations instituted during the Biden administration could soon face significant scrutiny. “The Biden administration did a lot of things that lacked statutory authority completely,” he remarked.
Department of Government Efficiency: Streamlining Federal Operations
Trump’s transition team has announced plans to establish the Department of Government Efficiency (DOGE), which will not operate as a typical federal agency but rather act as an advisory panel. Among the notable figures appointed to lead this initiative are Elon Musk and Vivek Ramaswamy. Their mandate is to propose methods for dismantling bureaucratic hurdles within the federal government, aiming to enhance efficiency and reduce expenditures.
Glicksman believes that DOGE’s guidance will be taken “seriously” and could lead to considerable changes: “streamlining executive agencies, possibly even eliminating some agencies,” he noted.
Targeted Areas for Deregulation: Labor and Environmental Regulation
As Trump takes the reins, both Chenoweth and Glicksman anticipate that labor regulations will be a primary target of reform. Chenoweth claimed that the Biden administration’s labor policies have strayed well beyond the statutory authority granted to agencies like the National Labor Relations Board (NLRB) and the Department of Labor.
Environmental regulations are also likely to come under fire, with Glicksman suggesting that the Trump administration may challenge various climate change policies. This potential aligns with broader strategies to reduce federal overreach in environmental oversight.
The Impact of Recent Supreme Court Rulings
Recent Supreme Court rulings, particularly the decision to overturn the Chevron doctrine in the landmark Loper Bright case, have also set the stage for the upcoming regulatory battles. The Chevron doctrine previously afforded agencies broad discretion in interpreting regulations, but the Loper Bright ruling established that courts must independently assess whether agencies are operating within their legal authority.
Chenoweth hailed this ruling as a victory for Congress over administrative agencies, arguing that it empowers lawmakers to reset the regulatory landscape. “For the last 40 years, the administrative state has been burgeoning because of this ability to write law and create law itself when there’s a gap or ambiguity in the statute,” he explained. “Now, they’re not going to able to do that so much.” This ruling can potentially lead to increased scrutiny of agency actions, aligning with the Trump administration’s objectives.
Potential Challenges and the Landscape Ahead
Despite the favorable conditions for deregulation, Glicksman cautioned that the Loper Bright ruling may present obstacles for the Trump administration. “Had Chevron remained in effect, it would be Trump administration initiatives that would get the benefit of Chevron deference, but that’s no longer the case,” he noted. As a result, the administration may encounter a legal environment that applies greater scrutiny to its regulatory actions than previous administrations enjoyed.
Legal challenges are expected to arise, particularly in jurisdictions like the Fifth Circuit Court of Appeals, known for its conservative leaning. Conversely, Glicksman predicts that agencies will face lawsuits from Democratic-led states in the Ninth and D.C. Circuits, which typically uphold agency authority more robustly. “You’ll see blue states led by California challenging those regulations,” he forecasted.
Nevertheless, Chenoweth asserted that the overall lack of authority underlying many Biden-era regulations could mitigate the impact of jurisdictional variances in lawsuits. “So many Biden-era regulations are so lacking in authority that the circuit in which the lawsuit is started may very well not make much of a difference,” he emphasized.
Preparing for a New Era of Governance
As Trump prepares to assume office, the regulatory playing field is poised for significant transformation. With promises of sweeping changes to federal agencies and aggressive strategies to dismantle Biden-era regulations, stakeholders are gearing up for a contentious era of governance. As the new administration moves into action, the effectiveness of these efforts, the response from regulated industries, and the ensuing legal battles will influence the trajectory of U.S. regulatory policy for years to come.
