Trump's Two-for-One Standard for Agency Regulations

Steven D. Schwinn, John Marshall Law School

President Trump issued an Executive Order today requiring agencies to dump two regs for every new reg they issue.

The two-for-one standard seems a little, er, blunt. But, if implemented, it will undoubtedly reduce total federal regulations, helping to fulfill a campaign promise.

In his most recent EO, President Trump wrote that "it is important that for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process." The EO requires that "any new incremental costs associated with new regulations shall, to the extent permitted by law, be offset by the elimination of existing costs associated with at least two prior regulations."

The EO also requires that "the total incremental cost of all new regulations, including repealed regulations, to be finalized this year shall be no greater than zero, unless otherwise required by law or consistent with advice provided in writing by the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."