It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving compliance rather than promulgating more regulations. In line with these objectives, President Trump recently issued two Executive Orders (EOs) to curtail use of guidance documents. EO 13891, titled “Promoting the Rule of Law Through Improved Agency Guidance Documents,” and EO 13892, titled “Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication;” both center on limiting the ability of agencies to regulate through guidance and to otherwise avoid the notice and comment rulemaking process.
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