White House Memo Speeds Up Rule Repeals, Skipping Public Review

White House Pushes Fast-Track Deregulation Amid Legal and Bureaucratic Hurdles

A new White House Office of Management and Budget (OMB) memo, 'Streamlining the Review of Deregulatory Actions,' proposes a controversial approach to repealing legally indefensible rules. The memo suggests using 'good cause' provisions of the Administrative Procedure Act (APA) to bypass public notice-and-comment procedures, a move that could face court scrutiny.

The 'Streamlining' memo, part of a broader effort to limit administrative power and restore congressional accountability, extends the logic of using 'good cause' for emergencies to removing facially unlawful rules. It gives OMB 14 days to review repeals and speed up timelines for rules subject to standard notice-and-comment procedures. However, agencies have been slow to use this provision, with few examples like the Council on Environmental Quality's repeal of NEPA regulations and minor rule deletions by the Treasury Department and FCC. The memo laments this inaction, despite new rulemaking being frozen in 2025 and major rule rewrites underway. Several Trump administration executive orders, including 'Unleashing Prosperity Through Deregulation' and 'Ensuring Lawful Governance and Implementing the President's 'Department of Government Efficiency' Deregulatory Initiative,' set the stage for this approach. If courts reject the deregulatory use of 'good cause,' the entire practice of interim final rules may face new scrutiny, along with agencies disregarding substantive comments during notice-and-comment rulemakings.

The new OMB memo proposes a deregulatory approach that could significantly alter rulemaking procedures. While it aims to limit administrative power and restore congressional accountability, its success depends on court acceptance and agency willingness to use the 'good cause' provision. The memo's impact remains uncertain, with potential implications for the notice-and-comment rulemaking process.