Judge Questions ‘Shadow’ Process in Challenge to Regulatory Order
From: BNA/Daily Report for Executives
By Cheryl Bolen
President Donald Trump’s executive order requiring agencies to eliminate two regulations for each new regulation issued and offset the cost of each new rule is “fundamentally different” than previous executive orders guiding agency rulemaking, a federal judge said Aug. 10 ( Public Citizen Inc. v. Trump, D.D.C., No. 1:17-cv-00253, oral argument 8/10/17 ).
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This President Is No Different
Brett Shumate, deputy assistant attorney general at the Department of Justice, argued that presidents have been directing agency rulemaking processes for the past 40 years and this president is no different.