On April 9, President Trump issued a presidential memorandum to the heads of all federal agencies, directing them to prepare to repeal finalized regulations – in other words, to unilaterally change the law – without giving the public the legally required opportunity to weigh in those changes.  

Congress passes laws that give agencies “statutory” authority to carry out their missions. Agencies generally have the authority to issue regulations, or “rules,” that interpret and define the specifics of how agencies will carry out those laws. Under the Administrative Procedure Act (APA), when agencies make changes to regulations, they are generally required to go through a “notice and comment period.” The agency has to notify the public, provide the opportunity for the public to comment on the proposed changes to the law, and then show that they read and took public comments into account when they finalize the new regulation. President Trump’s memorandum tells agencies to lean hard on the “good cause” exception from these notice and comment requirements in the APA, claiming that there is good cause to repeal some regulations quickly.  

Impact: President Trump’s directive is likely against the law and may also likely be challenged in court. If this directive were allowed to proceed, federal agencies acting at the direction of the Trump administration would be able to quickly get rid of regulations that protect health and safety for workers and consumers, safeguard the public against financial fraud and scams, and protect the environment, all without any opportunity for the public to express opposition and participate in the democratic process.