By Nick Goldstein, vice president of regulatory affairs & assistant general counsel, ARTBA
President Donald Trump Jan. 30 signed an executive order requiring the repeal of two existing regulations for every new rule enacted by an agency. The order also requires that the costs associated of any new regulations be offset by savings from the rules that are repealed.
The order applies to all federal agencies. How it will be implemented is still unclear. Repealing a federal regulation—just like enacting one—can be a very time consuming process. The federal Administrative Procedures Act (APA) requires a public comment period before rules can be repealed.
Agencies may not repeal rules in an “arbitrary and capricious” manner, which means they will have to build a case for why a rule should be rescinded. Supporters of a rule targeted for repeal also can sue in federal court, further delaying the process.
ARTBA will continue to monitor President Trump’s efforts to reform the federal regulatory process and the resulting impacts on the transportation construction industry.