To: Heads of Executive Departments and Agencies
Subject: Repealing Unlawful Regulations
We are focused on fueling economic growth and boosting American innovation. However, unnecessary and overly strict regulations hinder these efforts and add heavy costs for consumers and businesses alike. Recently, the Supreme Court made important rulings that define the limits of power held by unelected officials and restore necessary checks on improper actions by government agencies. Despite these developments, many outdated regulations remain in place, rooted in previous court decisions that are no longer valid.
To address this issue, I signed Executive Order 14219 on February 19, 2025. This order tasks the heads of executive departments and agencies with identifying unlawful regulations within 60 days and creating plans to repeal them. The focus will be on assessing each regulation’s compliance with recent Supreme Court rulings, including:
- Loper Bright Enterprises v. Raimondo
- West Virginia v. EPA
- SEC v. Jarkesy
- Michigan v. EPA
- Sackett v. EPA
- Ohio v. EPA
- Cedar Point Nursery v. Hassid
- Students for Fair Admissions v. Harvard
- Carson v. Makin
- Roman Catholic Diocese of Brooklyn v. Cuomo
To expedite the repeal process, agency heads can finalize rules without the usual notice and comment. This is allowed under the “good cause” exception of the Administrative Procedure Act when typical procedures are impractical or counterproductive to the public interest. Since retaining unlawful regulations is against the public interest, agencies can act quickly to eliminate them.
As part of this initiative, I direct the following:
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After the 60-day review period mandated by Executive Order 14219, agencies must promptly work to repeal any regulation that is clearly beyond their authority or unlawful. Prioritize those that conflict with the listed Supreme Court decisions. Each repeal should include a brief explanation of why the “good cause” exception applies.
- Within 30 days after the review period, agencies must submit a summary to the Office of Information and Regulatory Affairs. This summary should detail any regulations identified as potentially unlawful but not slated for repeal, along with reasons for keeping them in place.
The movement to repeal outdated regulations is important for safeguarding both innovation and economic growth. A recent poll by the Pew Research Center shows that 78% of Americans believe that simplifying regulations can lead to better job opportunities.
Striking down these regulations not only aligns with the Constitution but also reflects a broader trend: as the government takes these steps, we may see a surge in entrepreneurial activity and consumer spending—a win for American families and businesses alike.
For further details on regulatory changes, you can refer to the Executive Order here.
Check out this related article: Unlocking American Energy Potential: The Power of Zero-Based Regulatory Budgeting
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