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Monitoring the Deregulatory Track Record of the Trump Administration

There are several online resources available to track the regulatory activities of the current federal administration, including various federal government agency websites.  The two sites which I and others often turn to for comprehensive and easy-to-use online access for tracking the current state of federal deregulatory efforts are the sites produced and maintained by the law schools at Harvard College and New York University.

For example, the analysis by the Institute for Policy Integrity of the New York University School of Law states that, to date, greater than 90 percent of court challenges to major deregulatory actions during the Trump administration have been successful.  See this link to the Institute’s November 2018 report:  https://policyintegrity.org/files/publications/Deregulation_Run_Amok_Report.pdf  and this link to the Institute’s website:  https://policyintegrity.org/publications/detail/deregulation-run-amok  The report focuses on several federal agencies including the Environmental Protection Agency , the Food and Drug Administration, the Department of Labor, the Department of Transportation, the Department of Health and Human Services, the Department of Energy, the Department of the Interior, the Department of Homeland Security, the Department of Education, the Department of Agriculture, the Federal Aviation Administration, and the Department of Housing and Urban Development.

Discussing, in particular, the impact on the regulatory process of the federal Administrative Procedure Act, the Institute’s report was highlighted in a January 23, 2019 article in the Upshot section of New York Times written by Margo Sanger-Katz titled, “Struggling to Follow the Rules About Rules.” Link:  https://www.nytimes.com/section/upshot

The Environmental and Energy Law Program at Harvard Law School tracks environmental regulatory actions of the Trump administration and provides a table which links users to pages that describe the history of each rule and its current status, including litigation and court decisions.  The site also tracks open comment periods and provides links where users can submit comments on regulatory actions.  The site adds rules and updates posts periodically at this site:  https://eelp.law.harvard.edu/regulatory-rollback-tracker/

This post was drafted by John Watson, an attorney in the Denver, CO office of Spencer Fane LLP. For more information, visit spencerfane.com.