Title: Biden's Regulatory Blitz: A Surprise for Trump to Reverse
As the outgoing Biden administration promised to reverse "foolish" and "radical" executive actions, the incoming Trump team vowed to issue a plethora of their own on day one, causing your head to spin. And true to form, President Biden's final Federal Register display, dated for January 21, 2025, showcased his regulatory ambitions in a whopping 872 pages.
Biden's regulatory push during the first weeks of 2025 saw 243 rules enacted, as shown in the table below. This tally represents only a fraction of the 7,641 pages published in the Federal Register during this period, with Biden placing the final touch on an aggressive push for midnight rules.
Trump, ever the disruptor, has declared his intent to freeze Biden's regulatory pipeline, aiding his administration's inauguration. Beyond this, Trump's campaign promises include a wide-ranging blitz targeting issues such as DEI mandates and immigration, as well as opening federal lands for resource extraction. Post-January 22, 2025, the Federal Register is set to reflect a renewed deregulatory agenda.
Trump's team also has plans to overturn a number of Biden's 2024 and 2025 actions, which are eligible for disapproval under the Congressional Review Act (CRA). The 119th Congress, in this capacity, can rescind regulations finalized in the last 60 legislative days of the 118th.
Biden's Regulatory Legacy: 2024 and Beyond
In 2024, Biden's penchant for regulation hit a record high, with a page count of 107,262 in the Federal Register. Remarkably, this tally surpassed Obama's pre-Trump regulatory surge, showing a need for radical action in limiting overreach. In total, there were 3,248 rules and regulations.
Trump's goals for stifling regulation must include immediate implementation of his "one-in, ten-out" policy and the scrapping of Biden's Office of Management and Budget's Circular A-4 revision, which contradicts regulatory cost-benefit analysis with progressive policy cheerleading.
Congress must be enlisted in the rollback efforts, with legislation that mirrors Trump's streamlining initiatives. Owing to administrative overload, it is essential to direct Congress's attention to the inactive regulatory oversight laws the current administration has been ignoring.
Tackling Regulatory "Dark Matter"
Trump's new Department of Government Efficiency (DOGE) must concentrate on "regulatory dark matter," a term referring to unofficial policy-shaping tools such as guidance documents and policy statements. Installing an online portal to centralize all guidance documents would build transparency and curb the practice of requiring policy changes without official regulations.
Regulatory Oversight and Congress's Role
Addressing Congress's contribution to regulatory overreach is critical for a substantial reduction in red tape. In order to achieve this, Trump must address both the excessive delegation of authority to agencies and Congress's own misuse of enumerated powers.
Recent mega-laws, such as the CARES Act, the Inflation Reduction Act, and the CHIPS and Science Act, have contributed significantly to regulatory overreach. To address this, the Trump administration and the 119th Congress must confront the Biden legacy, including the collapse of Chevron deference and the push towards an increased fusion of spending and regulation.
In conclusion, the Biden administration's final days see the enactment of an extensive list of rules, which will serve as a key challenge for the incoming Trump administration. To reverse these excesses and return balance to the federal government, swift and decisive action is needed.
In response to Biden's regulatory push during the beginning of 2025, Trump pledged to halt the enforcement of these newly established rules upon his inauguration. This aim aligns with Trump's broader strategy of dismantling DEI mandates, immigration policies, and opening federal lands for resource extraction.
Furthermore, Trump's team intends to challenge some of Biden's regulations enacted in 2024 and 2025, leveraging the Congressional Review Act (CRA) to rescind eligible regulations. The incoming 119th Congress will play a crucial role in this process, as they can disapprove of regulations finalized within the last 60 legislative days of the 118th Congress.
During his tenure, Biden demonstrated a remarkable regulatory fervor, surpassing Obama's pre-Trump regulatory surge in 2024 with a record 3,248 rules and a staggering 107,262 pages in the Federal Register. To counteract this overreach, Trump's "one-in, ten-out" policy and the abolition of the Office of Management and Budget's Circular A-4 revision will be integral in promoting regulatory cost-benefit analysis wary of progressive policy advocacy.
