As the Trump administration advances its deregulatory agenda, Venable professionals are unpacking the implications for federal agencies, regulated entities, and the courts. In a recent webinar, partners Ron Jacobs and Megan Barbero offered a comprehensive look at the executive orders driving the policy shift and the legal mechanisms agencies might use to repeal or revise existing rules. The conversation highlighted a mix of political urgency, legal ambiguity, and procedural complexity, especially as agencies consider circumventing traditional notice-and-comment rulemaking processes in favor of expedited approaches.
Executive Orders, Chevron Reversal, and the 10-for-1 Mandate
Jacobs noted that President Trump “issued two key executive orders,” which included rescinding roughly 78 Biden-era directives and freezing all pending rulemakings. The administration has also introduced a dramatic “ten for one deregulation requirement,” which mandates that for every new regulation, agencies must repeal ten existing ones. Barbero called it “a catchy way to instruct the agencies to assume a deregulatory posture,” emphasizing that agencies are grappling with the arithmetic challenge of maintaining a net-negative cost burden while crafting new rules.
Further complicating matters, a presidential memo now instructs agencies to rescind any rule deemed unlawful under recent Supreme Court decisions, including Loper Bright, which overruled Chevron deference. “The EO says…you should go back and undo that and do it in a process that is quick and efficient and doesn’t involve public comment in advance,” Barbero explained.
Legal Risks and Agency Uncertainty Loom Over Fast-Tracked Deregulation
Barbero warned that relying on the “good cause” exception to bypass public input could backfire. “The courts have construed what constitutes good cause pretty narrowly,” she said, citing past rulings that limit its application to emergencies or highly time-sensitive situations. Jacobs highlighted the uncertainty for regulated entities, saying, “If you’re a regulated entity…the regulation is out there, you’re legally obligated to comply with it,” even if enforcement is deprioritized.
The panel also discussed the potential for private litigants to challenge long-standing regulations under the Supreme Court’s Corner Post decision, opening the door for new waves of judicial review. “You could bring a facial challenge now even to much older regulations,” Barbero said. As the administration encourages agencies to act swiftly, both speakers emphasized the legal and operational risks of replacing deliberative rulemaking with speed-driven reversals. Agencies are expected to roll out sector-specific deregulatory actions throughout the summer.
Public Participation and Industry Strategy Amid Regulatory Uncertainty
While agencies rush to align with the White House’s deregulatory directives, the role of public comment and industry engagement remains pivotal, according to the panelists, who noted that the Office of Management and Budget received more than 76,000 public submissions in just 30 days after soliciting ideas for regulatory repeal.
Barbero noted that the HHS has said it is undertaking the biggest deregulatory effort in the agency’s history. Despite the enthusiasm for rollback, many agencies remain understaffed. “There just aren’t people in the agencies even to reach out to,” Jacobs observed, reinforcing the importance of engaging through formal channels like the Federal Register.
The speakers stressed that businesses should weigh compliance risks carefully, particularly when rules are rescinded via interim final rule or left unenforced but not repealed. “You’re legally obligated to comply,” Barbero said. “You’re now in a period of reduced enforcement, but it doesn’t get you off the hook.” This evolving landscape, she continued, calls for a proactive but prudent approach from regulated industries as they navigate shifting rules, looming legal challenges, and the uncertainty of future enforcement
To learn more about upcoming webinars in this series, Deregulation Nation: Legal Perspectives on the Changing Rules, click here. The series runs through the summer.