The Law Center signed a letter along with 122 other organizations to the Office of Management and Budget (OMB) on the interim guidance implementing Section 2 of President Trump’s January 20, 2017 executive order, “Reducing Regulation and Controlling Regulatory Costs.”
The executive order mandates that federal agencies repeal two regulations for every new one that is instituted, and that they ensure that for fiscal year 2017 the total incremental costs from all new and repealed regulations is no greater than $0. It also requires that for subsequent fiscal years the Director of the OMB cap the incremental dollar cost for each agency in issuing new and repealing existing regulations.
We and the others signatories to the letter hold that OMB should withdraw the interim guidance because the guidance’s authority is derived from the executive order’s validity. The executive order isn’t valid, as it unconstitutionally ignores congressional rulemaking procedures in place as well as the lack of legislation upon which to base a “regulatory cost-trading program.” Thus, no interim guidance accompanying it can be issued legitimately.
The interim guidance as formulated runs counter to the well-being of the public, which will have its tax dollars wasted and suffer such consequences as unregulated pollution, workplace hazards, consumer fraud, and transit safety hazards.
We urge that the Director of the OMB uphold the constitution as his office requires and withdraw the interim guidance.