EO floats bypass of notice-and-comment for deregulatory actions

Major developments re the Deregulation EO 14219, including a plan to bypass notice-and-comment on some regs.

A new EO signed yesterday orders agency heads to bypass notice-and-comment if a rule they want to repeal is "in conflict with" one of 10 listed Supreme Court decisions (including Loper Bright and Jarkesy). Agency heads are to prioritize this immediately after the scheduled end of the regulatory review on April 20, invoking the "good cause" exception under the APA.

The original EO 14219 ordered a comprehensive review of regulation and guidance under seven factors, four of which implicate longstanding conservative administrative law positions. This new EO appears to be a direct follow up re those four factors.

The new EO also orders agency heads to submit one page summaries of each regulation they reviewed under the seven factors but decided not to repeal, explaining the basis for the decision not to repeal it.