On Jan. 30, 2017, President Trump signed the “twofer” Executive Order 13771, which applies not just to environmental regulation. So what exactly did the president order?

1. For every one new regulation issued, at least two prior regulations must be identified for elimination.
2. For FY 2017 (ending Sept. 30, 2017), each agency head is ordered that the total incremental cost of all new regulations, including repealed regulations, be no greater than zero (unless otherwise required by law or consistent with advice provided in writing by the Director of the Office of Management and Budget).
3. Any incremental costs associated with new regulations must be offset by the elimination of existing costs associated with prior regulations (to the extent permitted by law).
4. The Director of OMB shall provide guidance for standardizing the measurement of “costs,” what qualifies as a “new regulation,” measuring the costs of existing regulations and emergencies that might justify individual waivers.
5. Beginning with FY 2018 (Sept. 30, 2017), each agency head must identify, for each regulation that increases incremental cost, the offsetting regulations that eliminate costs.
6. Each new regulation must be included on the Unified Regulatory Agenda in order to be promulgated.
7. The words “regulation” or “rule” include agency guidance or interpretations.

For more information, please contact a member of Taft’s Environmental group.