President Trump Issues Executive Order for Regulatory Freeze Pending Review

President Trump recently issued an executive order prohibiting executive departments and agencies from proposing or issuing any rule, including by sending a rule to the Office of the Federal Register, until a department or agency head appointed or designated by the President has reviewed and approved the rule. 

In addition, the executive order directs executive departments and agencies to immediately withdraw rules that have been sent to the Office of the Federal Register but not yet published in the Federal Register, for review and approval of the rule in the same manner.

The executive order allows the OMB Director to exempt from such review and approval any rule the OMB Director deems necessary to address emergencies or other urgent circumstances.

The executive order also directs executive departments and agencies to “consider postponing” for 60 days (starting January 20, 2025) the effective date for rules published in the Federal Register or that have otherwise been issued, but not yet taken effect.  The executive order further allows for opening a comment period during those 60 days to allow interested parties to provide comments on such rules, and for further evaluation by the relevant department or agency. Departments and agencies may also consider additional delays beyond the 60-day period as necessary and appropriate.