Why Trump's Orders On Agency Guidance Are Significant

Law360 (October 16, 2019, 8:06 PM EDT) -- On Oct. 9, President Donald Trump signed two groundbreaking executive orders to increase transparency, certainty and due process in the development and use of guidance documents by federal agencies. These are fundamental and powerful reforms that have major implications for the U.S. regulatory system and have received bipartisan praise from former regulatory czars for Presidents Barack Obama and George W. Bush.[1]

First, the “Promoting the Rule of Law Through Improved Agency Guidance Documents” executive order requires traditional executive agencies to issue regulations establishing good guidance practices, or GGPs. This includes posting guidance on easily accessible websites, soliciting public comment before finalizing...

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