lawsuit, Public Citizen, the Natural Resources Defense Council, and the Communications Workers of America argue that the order, among other things, “directs federal agencies to engage in unlawful actions” that violate the statutes governing their existence.n emergency lawsuit seeks to overturn a Trump administration executive order that could have dire consequences for public safety and well-being. I’m not talking about the executive order on immigration but about the one on regulation, which three groups are seeking to overturn in the Washington, DC, federal district court. In the
In the blizzard of signing ceremonies, you might have forgotten that Trump issued an executive order mandating that federal agencies eliminate at least two regulations for every one they bring into existence, and that the total net costs of regulations on individuals and business entities in 2017 must be $0. In other words, costs of any regulation must be offset by repealing regulations with equivalent costs.
The three groups consider this illegal for several reasons. They argue that no congressional statute authorizes federal agencies to offset the costs of regulations, and that the order is “arbitrary and capricious” in setting a random limit for all regulatory costs. This would violate a key clause of the Administrative Procedures Act that governs federal rule making. And the groups argue that the order would force agencies to repeal regulations that they’ve already determined through a deliberative process “advance the purposes of underlying statutes.” Therefore, any repealing of regulations under the executive order would violate the governing statutes of the various agencies. This usurps Congress’s authority, and violates the president’s constitutional obligation to “take Care that the Laws be faithfully executed.”