Analysis

What Do Trump's Orders Mean For Agency Guidance?

Law360 (October 10, 2019, 8:14 PM EDT) -- The Trump administration's bid to help businesses by putting an end to "secret" rulemaking might backfire, some experts said Thursday, because it could put a damper on advice that industry relies on to comply with federal regulations.

President Donald Trump signed two executive orders Wednesday that limit regulators' use of informal guidance, a move the White House said would prevent federal regulators from enforcing policies that have not been sufficiently vetted.

But Sally Katzen, a New York University law professor and former Clinton administration official,  warned that putting a damper on guidance might hurt businesses.

“If you put too heavy a hand on an agency’s ability to...

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