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VIDEO · 18 SEPTEMBER 2017

Trump's 2-For-1 Order: Still Arbitrary And Capricious After All These Months (Video)

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In June, I posted about Foley's brief in support of those challenging Executive Order 13771, the so-called "2 for 1" EO.

United StatesEnvironment
Seth Jaffe
Seth Jaffe
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In June, I posted about Foley's brief in support of those challenging Executive Order 13771, the so-called "2 for 1" EO.  By ignoring the benefits of existing and proposed regulations, the Order ignores the purposes behind the legislation pursuant to which regulations are promulgated.  The Order is thus the definition of arbitrary and capricious.

Late last week, OMB issued a memorandum to executive agencies, requiring them to develop "Regulatory Cost Allowances" for FY 2018.  The memorandum is only one page.  In that one page, it uses the word "cost" 11 times.  The word "benefit" does not appear.

The memorandum notes that the purpose of the Order is to "lower regulatory burdens" and "to be prudent and financially responsible in the expenditure of funds, from both public and private sources."

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