Deregulatory Executive Orders: Issues Under The Administrative Procedure Act

Executive Summary

On April 9, 2025, President Trump issued four executive orders and presidential memoranda directing a range of deregulatory actions by agencies across the executive branch. These orders are remarkable in their scope, directing agencies (even independent ones) to review and revoke an expansive set of regulations across numerous subjects. But the orders are also remarkable in the procedures they compel. Two orders direct (or at the least strongly encourage) the relevant agencies to revoke regulations without going through the notice-and-comment process that is generally required under the Administrative Procedure Act (APA). The orders command these unusual steps using novel theories — including that the president himself, as opposed to the agency, can deem notice and comment unnecessary. Another of the orders directs numerous agencies to insert "sunset clauses" into energy-related regulations en masse, seemingly without advance notice and comment or