Agency Organization & Procedure

In Trump v. Slaughter, the U.S. Supreme Court made a profound change to the administrative state. The Court ruled that "for cause" removal protections for members of the Federal Trade Commission (FTC) are an unconstitutional infringement on the President's executive powers. Gone is Humphrey's Executor v. United States, the seminal case that upheld limits on the President's authority to remove FTC Commissioners, and nine decades of independent agency leadership with a degree of insulation from Presidential control. The implication of Slaughter for other independent agencies, including the...

In a pending case brought by the union representing CFPB employees, the Administration has informed the court that CFPB will run out of funding early next year and that the Administration will not seek additional funding for the agency. This memorandum examines the implications for the CFPB’s key functions – rulewriting, supervision, enforcement, and publication of market data – should the agency cease operations in early 2026. The Dodd-Frank Act provides the CFPB with exclusive authority to prescribe rules implementing federal consumer financial laws. These laws include ECOA, EFTA, FDCPA,...

The Justice Department has informed Congress that it views statutory limitations on the President’s power to remove members of multimember agencies to be unconstitutional. In that communication, the Department specifically cited the “for cause” removal provisions applicable to members of the Federal Trade Commission, the National Labor Relations Board, and the Consumer Product Safety Commission. This position, if accepted by the Supreme Court, would have a significant impact on the independence of other multimember agencies, including the Federal Reserve Board (Fed), the Federal Deposit...

On February 18, 2025, President Trump issued a new Executive Order entitled “Ensuring Accountability for All Agencies” (the “Agency Accountability E.O.”). The Agency Accountability E.O. amends E.O. 12866 issued by President Clinton in 1993 (“E.O. 12866”) and adds requirements for independent regulatory agencies that go well beyond the scope of E.O. 12866. As described below, the Agency Accountability E.O. provides for an unprecedented degree of executive control over independent agencies, not only in connection with rulemaking, but also in connection with policy and budgetary matters. As a...

This past week, President Trump issued an executive order aimed at reducing Federal regulations (“Executive Order”). The Executive Order directs Federal agencies to identify at least 10 existing regulations to be repealed for every new regulation that is proposed by the agency (the “10-for-1 Directive”). This 10-for-1 Directive is similar to an executive order issued in the first Trump administration that required the repeal of 2 existing regulations for each newly issued regulation (the “2-for-1 Directive”). In the first Trump administration, OMB determined that the 2-for-1 Directive did not...

We provide comprehensive legal and regulatory support for government relations teams, trade associations, and policy consultants engaged in federal financial services policy advocacy. Our public policy practice covers the full range of advocacy support services, including congressional testimony, legislative drafting, comment letters, regulatory monitoring, FOIA requests, white papers, and strategic engagement with policymakers. We help clients understand regulatory developments, develop informed policy positions, and advocate effectively before Congress and federal agencies. Services...

Mitch Plave specializes in financial services regulation and administrative law. Mitch previously served as Special Counsel for the Office of the Comptroller of the Currency (OCC) for over 27 years. At the OCC, he led the administrative law practice and played a key role in implementing significant cases and executive orders relating to rulemaking and the issuance of agency guidance. In connection with his leadership on administrative law and procedure, he represented the OCC at the Administrative Conference of the United States. Mitch was also the lead counsel on matters relating to the...