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Trump in Danger Zone if Agencies Rush to Make Virus Rules Stick

June 24, 2020, 3:27 PM

President Donald Trump’s directive that federal agencies consider making temporary rule changes permanent to support economic recovery has raised concerns among legal scholars that the pandemic is being used as cover to expedite deregulation.

Making a temporary change permanent requires agencies to conduct a lengthy rulemaking that must include public comment, a regulatory impact analysis, and legal justification. Short-cutting that process risks running afoul of the Administrative Procedure Act—something the Trump administration learned when the Supreme Court overturned its Deferred Action for Childhood Arrivals policy on procedural grounds.

Some legal scholars say agencies should wait until the public health crisis ...