White House Memo Directs Repeal of Unlawful Regulations
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Discussion:
A Presidential Memorandum issued April 9, 2025 directs the heads of all executive departments and agencies to repeal “unlawful regulations.” With the stated purpose of promoting economic growth and American innovation as top priorities, the memo cites Executive Order 14219 (Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Deregulatory Initiative) directing the heads of all executive departments and agencies to identify certain categories of unlawful and potentially unlawful regulations within 60 days and begin plans to repeal them.
The memo cites ten recent U.S. Supreme Court cases that restored “checks on unlawful agency actions” that imposed “onerous” restrictions on consumers and businesses. The department and agency heads are to review agency regulations and align them with these select rulings in order to repeal unlawful regulations. Agencies are further instructed to finalize rules without notice and comment where they are permitted to do so under the “good cause” exception in the Administrative Procedure Act. The memo additionally states that notice and comment are “unnecessary” when a repeal of a regulation is required to comply with a Supreme Court ruling.
Agency heads are specifically directed to:
- Identify unlawful and potentially unlawful regulations within the 60 days required by Executive Order 14219 and take steps to repeal a regulation or part of a regulation that is in conflict with an identified Supreme Court ruling or exceeds the agency’s statutory authority. The repeal must be accompanied by a statement of reasons that the “good cause” exception to notice and comment applies; and
- Within 30 days after the end of the review period in Executive Order 14219, submit a one-page summary of identified unlawful and potentially unlawful regulations to the Office of Information and Regulatory Affairs explaining why the regulation was not repealed.
Since the Executive Order and Presidential Memorandum was directed to all department and agency heads, employers should be prepared for potential changes in multiple areas that affect labor and employment. Monitoring agency websites for updates will be imperative to staying informed of changes.
Action Items
- Read the Presidential Memorandum here.
- Monitor agency websites for updates on repealed regulations.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase