Partner J. Michael Showalter was quoted on whether the Trump Administration’s two executive orders, aimed at curtailing federal agencies’ use of informal guidance in policymaking, will require any redo of existing guidance documents as formal rulemakings.
Mike said that "It's an open question,” and the orders create a quasi-Administrative Procedure Act, but one than could be modified or rescinded by a future administration.
"It strikes me very much as a 'Three Little Pigs' situation," Showalter said. "Do you want your house made of bricks — which are statutes — sticks — which are notice-and-comment rulemakings — or straw — which includes, to me, formal and informal agency guidance or executive orders which are not subject to notice-and-comment rulemaking?"
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