Challenges To Trump's '2 For 1' Order Face Difficult Road

Law360 (May 23, 2019, 3:23 PM EDT) -- Shortly after President Donald Trump took office, he issued an executive order directing agencies to eliminate two existing regulations for every new regulation that they adopt, and to ensure that any cost associated with a new regulation is offset by the costs of the eliminated regulations.[1] Two public interest groups and a labor union promptly filed suit in D.C. federal court, claiming that the executive order unlawfully forestalls the promulgation of new regulations that should be, and otherwise would be, issued.[2]

Two years later, however, the parties are still sparring over the threshold issue of the plaintiffs’ standing. Recently, three states...

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