regulatory process

Regulatory Rollbacks: What to Expect

A replay of 2017? Or maybe something more radical?  You can probably guess the answer.

Repealing and replacing existing environmental regulations will have a lower priority in this iteration of the Trump presidency – it will often be easier to just ignore the existing regulations or eliminate the regulators rather than the regulations. When it does rollback regulations, the administration will probably take more extreme legal positions and will be more likely to make constitutional arguments against environmental regulation.  

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Trump’s Theory of Law

He probably doesn’t know he has a theory, but he does. It’s shaping his deregulatory agenda..

OK, using the word “theory” in connection with Trump may seem like a stretch.  But he does seem to have an implicit theory of law, which helps explain a lot of his approach to regulatory change. He’s also an intuitive believer in a strong form of the unitary executive. Theories of law can be classified …

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