Deregulation: Process and Procedures That Govern Agency Decisionmaking in An Era of Rollbacks

27 Pages Posted: 21 Nov 2017

See all articles by Bethany Davis Noll

Bethany Davis Noll

Institute for Policy Integrity at NYU School of Law

Denise Grab

New York University (NYU) - Institute for Policy Integrity

Date Written: November 17, 2017

Abstract

After an election, especially one where the governing party has switched, change might be inevitable. And agency regulations are a prime area where new presidents may seek to make changes. But even in a time of political change, the legal system imposes a degree of predictability and regularity on that process. True to form, since his inauguration in January 2017, President Donald Trump and his agency heads have targeted President Barack Obama’s environmental legacy, by seeking to repeal many energy and environmental regulations. But those attempts are governed by a set of standard rules that provide important and meaningful limits to President Trump’s freedom to roll back regulations that are currently on the books and several have hit some snags. This article provides an overview of the procedural and statutory limits that apply to agencies seeking to change course, and either cancel or suspend regulations that they previously issued. It also discusses several recent examples of agency decision-making to show how these rules work in practice in this era of rollbacks.

Keywords: Administrative Procedure Act, Cost-Benefit Analysis, Deregulation, Trump

JEL Classification: K2, K32, K40, K48, Q50, Q51, Q54, Q58

Suggested Citation

Davis Noll, Bethany and Grab, Denise, Deregulation: Process and Procedures That Govern Agency Decisionmaking in An Era of Rollbacks (November 17, 2017). Energy Law Journal, Vol. 38, No. 2, 2017. Available at SSRN: https://ssrn.com/abstract=3073416

Bethany Davis Noll (Contact Author)

Institute for Policy Integrity at NYU School of Law ( email )

139 MacDougal St. #322
Wilf Hall
New York, NY 10012
United States

Denise Grab

New York University (NYU) - Institute for Policy Integrity ( email )

Wilf Hall
139 MacDougal Street
New York, NY 10012
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
95
rank
266,616
Abstract Views
527
PlumX Metrics