Friday, November 25, 2016

Can a New Administration Undo a Previous Administration's Regulations?

"Following the election of Donald J. Trump on November 8, 2016, questions have been raised as to whether and how a new President's administration can amend or repeal regulations issued by the previous administration. In short, once a rule has been finalized, a new administration would be required to undergo the rulemaking process to change or repeal all or part of the rule. If a rule has not yet been finalized, however, a new President may be able, immediately upon taking office, to prevent the rule from being issued. In addition to these administrative actions, Congress can also take legislative action to overturn rules.
Changing or Repealing Previously Issued Rules

Under the Administrative Procedure Act (APA), "rulemaking" is defined as "formulating, amending, or repealing a rule," meaning that an agency must follow the rulemaking procedures set forth by the APA and other statutory and executive order requirements to change or repeal a rule. (For more on these procedures, see CRS Report RL32240, The Federal Rulemaking Process: An Overview, coordinated by Maeve P. Carey.)..."
Federal regulations

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