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Existing article

There is a lot of information missing from the current form of the article. We plan on expanding on what is currently there and adding several new sections.

Outline of Wiki Article:

  • Lead section
  • Provisions of the order
  • Lawsuit and any other updates
  • Acts at risk (in case paperwork, focus on EJ related ones)


Lead section

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Executive Order 13771 — entitled "Reducing Regulation and Controlling Regulatory Costs" — is an executive order signed by U.S. President Donald Trump on January 30, 2017. It directs agencies to repeal two existing regulations for every new regulation, and to do so in such a way that the total cost of regulations does not increase. It is an example of a PAYGO (Pay As You GO) policy in order to curb financial expenditures and minimize costs[1].

Provisions

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Executive Order 13771 requires any executive department or agency who plans to publicly announce a new regulation to propose two regulations which will in turn be repealed. The cost of the implementation of these new regulations must be less than or equal to 0 dollars. If costs above 0 dollars are accrued, the payment of these costs shall be funded through the elimination of more regulations. Advice on the financial aspect of these matters is provided by the Director of the Office of Management and Budget [1].

The Director of the Office of Management and Budget

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It is up to The Director to notify agencies of their total incremental costs for a given year. The Director is allowed to issue both increases or decreases in said costs. The Director also has the authority to exemplify regulations/agencies from compliance with the Executive Order [1].

Implications

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Executive Order 13771 will shrink the existing Code of Federal Regulations. By utilizing Pay As You Go policy, Executive Order 13771 will halt economic growth within governmental agencies affected by this Executive Order [2]. President Trump believes this Executive Order will encourage the Executive Branch to be financially responsible and prudent [1]. Groups such as Public Citizen, Natural Resources Defense Council, and Communications Workers of America have looked beyond the realm of economic feasibility, and have expressed concern about the Executive Order's impact on various public domains (see Lawsuit section) [3].

Lawsuit

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On February 8, 2017, Public Citizen, Natural Resources Defense Council, and Communications Workers of America filed a lawsuit against the implementation of the Executive Order 13771. The lawsuit states that the passing of the Executive Order by the Trump Administration is unconstitutional by violating separation of powers and overstepping the authority allowed under the Take Care Clause. This would make federal agencies violate governing statutes, like the Administrative Procedure Act which establishes the way agencies pass regulations. [3] By forcing federal agencies to focus on costs rather than benefits, these groups argue that the Executive Order harms the public by forcing agencies to repeal beneficial regulations and arbitrarily preventing new regulations to be passed. [4]

Affected Regulation

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The plantiffs claim that the Executive Order 13771 will endanger public health, safety, and the environment and will force federal agencies to violate current governing statutes by ignoring the non-financial benefits current and potential regulations bring to the public[3]. In particular, the lawsuit cites several regulations that will be adversely affected, including:

References:

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  1. ^ a b c d "Reducing Regulation and Controlling Regulatory Costs". Federal Register. 2017-02-03. Retrieved 2017-03-10.
  2. ^ "President Trump Issues Executive Order Aimed at Reducing Regulation and Controlling Regulatory Costs". The National Law Review. Retrieved 2017-03-15.
  3. ^ a b c "PC, NRDC, CWA v. Donald J. Trump" (PDF).
  4. ^ "Background on 2 for 1 Lawsuit" (PDF). NRDC.