Legal challenges on administrative reach expected in Trump’s deregulatory scheme, experts say
President-elect Donald Trump is expected to make significant changes to federal agencies and Biden-era regulations once he takes office. Experts anticipate that Trump will issue a flurry of executive orders on his first day in office, directing agencies to review existing regulations to determine if they should be amended, repealed, or retained. Robert Glicksman, a professor of environmental law, believes that Trump will take these reviews seriously and may even consider eliminating some agencies altogether.
One of the key initiatives that Trump has announced is the creation of the Department of Government Efficiency (DOGE), which will be led by Elon Musk and Vivek Ramaswamy. This advisory panel will focus on dismantling government bureaucracy and restructuring federal agencies to improve efficiency and save costs. Mark Chenoweth, president of the New Civil Liberties Alliance, believes that the Biden administration overstepped its authority in many of its regulations, making them vulnerable to legal challenges.
Labor regulations and climate change policies are expected to be top targets for the Trump administration. Chenoweth and Glicksman both agree that the Biden administration went beyond its statutory authority in many of its regulatory actions, especially in the areas of labor and environmental protection. The recent Supreme Court decision to overturn the Chevron doctrine, which gave deference to agency interpretations of regulations, is expected to further limit the power of federal agencies in crafting regulations.
While some experts believe that the Loper Bright decision could lead to increased scrutiny of Trump administration initiatives, others argue that it will empower Congress to take a more active role in shaping legislation. Legal challenges to Trump’s regulatory changes are expected to play out in various circuit courts, with conservative-leaning courts like the Fifth Circuit likely to rule in favor of the administration, while more liberal circuits such as the Ninth and D.C. Circuits may challenge the new regulations.
Overall, the Trump administration’s focus on deregulation and government efficiency is expected to have far-reaching implications for federal agencies and regulations. As legal challenges unfold and the balance of power between the executive and legislative branches is tested, the future of the administrative state remains uncertain.
