Statutory Interpretation and Deregulation
Summary
The document critiques a presidential memorandum and subsequent OMB guidance that direct federal agencies to repeal regulations based on ten Supreme Court decisions. It specifically focuses on five cases involving statutory interpretation—Loper Bright, West Virginia, Michigan v. EPA, Sackett v. EPA, and Ohio v. EPA—asserting that the administration's interpretation of these rulings is too broad and ignores the nuanced principles established by the court.
Key insights
- President Trump issued a memorandum directing federal agencies to repeal regulations that conflict with ten recent Supreme Court decisions, including West Virginia v. EPA and Loper Bright Enterprises v. Raimondo.
- The administration is improperly suggesting that agencies can use the Administrative Procedure Act's "good cause" exception to bypass the standard notice-and-comment process during deregulation if it is consistent with the law.
- The White House Office of Management and Budget (OMB) provided agencies with guidance and summaries of "factors" from Supreme Court cases to identify regulations for repeal, but these factors are based on overly broad readings of the law.
Cite the original document
- APA
- Sarinsky, J. J. M. (2025). Statutory Interpretation and Deregulation. Institute for Policy Integrity. https://policyintegrity.org/publications/detail/statutory-interpretation-and-deregulation
- Chicago
- Sarinsky, Jack Jones, Max. Statutory Interpretation and Deregulation. Institute for Policy Integrity, 2025. https://policyintegrity.org/publications/detail/statutory-interpretation-and-deregulation.
- Wikipedia
- {{cite report |last1=Sarinsky |first1=Jack Jones, Max |title=Statutory Interpretation and Deregulation |publisher=Institute for Policy Integrity |date=24 June 2025 |url=https://policyintegrity.org/publications/detail/statutory-interpretation-and-deregulation |access-date=23 October 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{sarinsky2025statutory, author = {Sarinsky, Jack Jones, Max}, title = {{Statutory Interpretation and Deregulation}}, institution = {Institute for Policy Integrity}, year = {2025}, month = jun, url = {https://policyintegrity.org/publications/detail/statutory-interpretation-and-deregulation}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }
Full text
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