White House Releases Order on Rescinding ‘Unlawful’ Regulations

On Feb. 19, the White House released an executive order entitled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative.” The purpose of the order is to “commence the deconstruction of the overbearing and burdensome administrative state” and “restor[e] the constitutional separation of powers.” 

The order outlines measures to “Rescin[d] Unlawful Regulations and Regulations That Undermine the National Interest,” directing agency heads to work with the Department of Government Efficiency (DOGE) and the director of the Office of Management and Budget to review regulations “for consistency with law and Administration policy, ” identifying regulations that are “unconstitutional,” “impose significant costs upon private parties that are not outweighed by public benefits,” “implicate matters of social, political, or economic significance that are not authorized by clear statutory authority,” and more. These regulations are to be submitted to the administrator of the Office of Information and Regulatory Affairs (OIRA), who will work to rescind them. 

The order limits the enforcement discretion of agencies by directing agencies to “de-prioritiz[e] actions to enforce regulations that are based on anything other than the best reading of a statute and de-prioritizing actions to enforce regulations that go beyond the powers vested in the Federal Government by the Constitution,” including the “termination” of such regulations.  

In developing new regulations, agencies are to “consult with their DOGE Team Leads and the Administrator of OIRA on potential new regulations.” The order exempts the military, national security matters, and management of executive branch employees.  

You can read the order here or below: