Memorandum for heads of departments and executive agencies
Subject: direct the repeal of illegal regulations
The promotion of economic growth and American innovation are the main priorities of this administration. Illegal, useless and expensive regulations hinder these objectives and impose massive costs on American consumers and American companies. In recent years, the Supreme Court has rendered a series of decisions which recognize the appropriate constitutional borders on the power of non -elected bureaucrats and which restore controls of agency illegal actions. However, despite these critical course corrections, illegal regulations – often promulgated in terms of dependence on decisions of the Supreme Court, are now used – remain in books.
In accordance with these priorities and my commitment to restore loyalty to the Constitution on February 19, 2025, I published the Executive Decree 14219 (guaranteeing legal governance and implementation of the deregulation initiative of the Ministry of Government Effectiveness of the President)). He ordered the heads of all the departments and executive agencies to identify certain categories of illegal and potentially illegal regulations within 60 days and start to repeal them. This examination and step effort must prioritize, in particular, the evaluation of the legality of each existing regulation under the decisions of the Supreme Court of the following United States:
- Lop Bright Enterprises c. Raimondo603 US 369 (2024);
- Virginie-Western c. EPA597 US 697 (2022);
- Dry c. Jarkesy603 US 109 (2024);
- Michigan v. EPA576 US 743 (2015);
- Sackett c. EPA598 US 651 (2023);
- Ohio c. EPA603 US 279 (2024);
- Cedar Nursery c. Hassid594 US 139 (2021);
- Students for fair admissions c. Harvard600 US 181 (2023);
- CARSON c. Makin596 US 767 (2022); And
- Roman Cath. Diocese of Brooklyn c. Cuomo592 US 14 (2020).
Taking into account the abrogations of illegal facial regulations, agency leaders finalize the rules without notice and comments, when this is in accordance with the exception of the “good cause” in the law on administrative procedure. This exception allows agencies to dispense with notice and trade rules when this process is “impracticable, useless or contrary to the public interest”. The conservation and application of illegal regulations is clearly contrary to the public interest. In addition, notice and country procedures are “useless” when the repeal is required in law to ensure consistency with a decision of the United States Supreme Court. Agencies therefore have a great cause and the legal authority to immediately repeal illegal regulations.
Consequently, I direct by this:
- Following the 60 -day examination period ordered in executive order 14219 To identify illegal and potentially illegal regulations, agencies will immediately take measures to repeat any regulations, or part of any regulations, which clearly exceeds the statutory authority of the agency or is otherwise illegal. Agencies should prioritize the settlement in conflict with decisions of the United States Supreme Court listed earlier in this memorandum. The repeal of each illegal regulation must be accompanied by a brief declaration of the reasons for which the exception of the “good cause” applies.
- Within the 30 days of the conclusion of the examination period directed in the executive decree 14219 To identify the illegal and potentially illegal regulations, agencies must subject to the Office of Information and Regulatory Affairs a summary of a page of each regulation which was initially identified in one of the categories specified in section 2 (a) of this decision, but which was not targeted to relaunch, explain the base For the decision of the decision not to do revolt.