Why White House Efforts To Dismantle Regs Face Roadblocks

Law360, New York (November 16, 2017, 3:12 PM EST) -- When the White House changes hands from one political party to the other, the new administration often seeks to change or eliminate some of the regulations promulgated by prior administrations. Now, the Trump administration is moving aggressively to dismantle Obama administration regulations that it doesn’t like.

In principle, this is a legitimate exercise. The U.S. Supreme Court has recognized that a change in administrations may provide a basis for an agency to change course. “An initial agency interpretation [of a statute it enforces] is not instantly carved in stone. On the contrary, the agency ... must consider varying interpretations and the...

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