The White House has issued two executive orders to constrain the
use of guidance by federal agencies. They could have important
implications for practitioners and their clients. President Trump,
in announcing E.O. 13891 and 13892, said they would address
"unelected, unaccountable bureaucrats . . . imposing their own
private agenda on our citizens." But critics wondered aloud
whether this was a lot of sound and fury signifying nothing.
Rhetoric aside, environmental practitioners can attest that the
agencies they deal with, including EPA, Interior, Army Corps, and
NOAA, rely heavily on guidance documents to inform the regulated
community and the public at large of their interpretations of
regulatory standards, requirements, and procedures.
