IP Law Daily, AGENCY NEWS: New executive order requires agency heads, working with ‘their DOGE team leads,’ to identify regulations for possible rescission, (Feb 21, 2025)
By Brandi O. Brown, J.D.
The Administration contends that the “accumulation of federal regulations and their burdensome enforcement, including legally suspect regulations, has stifled economic growth and constrained Americans’ freedom.”
In a new executive order and accompanying fact sheet, President Trump purports to “end Federal overreach in regulation and enforcement and restore the constitutional separation of powers” by having agency heads, “in coordination with their DOGE team leads and the Office of Management and Budget (OMB), review all regulations subject to their jurisdiction for consistency with law and Trump Administration policy, prioritizing rules that impose heavy costs” and indicates that a “Unified Agenda will be developed to rescind and/or modify regulations that are inconsistent with law or the Trump Administration’s policy.”
In coordination with DOGE team leads. In a section of the EO headed “Rescinding Unlawful Regulations and Regulations That Undermine the National Interest” the order instructs the agency heads “in coordination with their DOGE Team Leads and the Director of the Office of Management and Budget” to identify certain regulations as part of this review process. It states that in conducting the review, prioritization should be given to rules that “satisfy” the definition of “significant regulatory action” in Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), as amended.
Identify qualifying regulations. Specifically, in Section 2 of the order, it instructs:
“Within 60 days of the date of this order, agency heads shall, in consultation with the Attorney General as appropriate, identify the following classes of regulations:
unconstitutional regulations and regulations that raise serious constitutional difficulties, such as exceeding the scope of the power vested in the Federal Government by the Constitution;
regulations that are based on unlawful delegations of legislative power;
regulations that are based on anything other than the best reading of the underlying statutory authority or prohibition;
regulations that implicate matters of social, political, or economic significance that are not authorized by clear statutory authority;
regulations that impose significant costs upon 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, inflation reduction, research and development, economic development, energy production, land use, and foreign policy objectives; and
regulations that impose undue burdens on small business and impede private enterprise and entrepreneurship.”
In the accompanying fact sheet, the Administration contends that the “accumulation of federal regulations and their burdensome enforcement, including legally suspect regulations, has stifled economic growth and constrained Americans’ freedom.”
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