Can Federal Agencies Reverse Course Under Trump?

By Steven D. Gordon, Holland & Knight LLP (February 2, 2017, 11:31 AM EST) -- To what extent can the Trump administration alter or reverse the regulatory policies of the Obama administration without having to enact new legislation? There are some legal limits on the process of changing agency regulatory policies that provide options for challenging such actions. The next four years will see litigation that explores those limits. This article discusses the legal limits on the ability of the Trump administration to reverse course with respect to regulatory policies that have already gone into effect by the time it takes office. As discussed below, the U.S. Supreme Court has recently made clear that there are fewer limits to an agency changing course than had previously been thought....

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