Executive Order on Rescinding Unlawful Regulations and Ensuring Lawful Governance
On February 19, 2025, the President of the United States issued an Executive Order with the purpose of focusing on regulations authorized by constitutional Federal statutes and beginning the deconstruction of the administrative state. The order aims to end Federal overreach and restore the constitutional separation of powers.
Rescinding Unlawful Regulations and Regulations That Undermine the National Interest
Agency heads are directed to review all regulations under their jurisdiction within 60 days to identify regulations that are unconstitutional, based on unlawful delegations of legislative power, not authorized by clear statutory authority, impose significant costs without public benefits, impede technological innovation, infrastructure development, and harm the national interest. These regulations should be rescinded or modified in consultation with the Office of Information and Regulatory Affairs.
Enforcement Discretion to Ensure Lawful Governance
Agencies are instructed to de-prioritize actions to enforce regulations that do not comply with the Constitution, laws, or Administration policy. Agency heads have the authority to terminate enforcement proceedings that are not in compliance with the law on a case-by-case basis.
Promulgation of New Regulations
Agencies must follow the processes outlined in Executive Order 12866 for submitting new regulations for review by the Office of Information and Regulatory Affairs. When evaluating potential new regulations, agencies should consider factors such as the impact on social, political, and economic matters, technological innovation, and small businesses.
Implementation and Definitions
The Director of the Office of Management and Budget will issue implementation guidance for the order. Key definitions include “agency,” “agency head,” “DOGE Team Lead,” “regulation,” and “enforcement action.” Senior appointees are individuals appointed by the President or non-career members of the Senior Executive Service.
Exemptions and General Provisions
The order exempts actions related to military, national security, homeland security, foreign affairs, immigration, and executive branch employee management. It also includes provisions for severability and general provisions to ensure compliance with applicable law and appropriations.
Overall, the Executive Order aims to streamline regulations, protect the national interest, and ensure lawful governance in the United States.
