Jenner & Block

"How Biden Might Dismantle Trump-Era Regulations," Law360

Building on her knowledge developed working as a senior regulatory aide in the Obama White House  Katie B. Johnson, along with associates Caroline C. Cease, and Vaishalee V. Yeldandi analyze the anticipated regulatory actions the Trump administration will take over the next 60 days as well as early regulatory actions the Biden administration will likely take in the early months of 2021. The authors focus on four key regulatory phases and strategic spheres: anticipated regulatory actions the Trump administration will undertake before January 20, 2021, to lock in policy changes; regulatory actions the Biden administration will take immediately after the new president takes the oath of office; how the Biden administration can potentially use the Congressional Review Act to strike down a significant number of Trump-era regulations (if Democrats take back control of the US Senate); and the legal limitations and available avenues for the Biden administration to rescind or roll back Trump-era regulations already in effect. The authors note that, “to be effective, the Biden administration will need to arrive with a clear, positive regulatory vision, as well as a nuanced, rule-by-rule plan to strategically dismantle its predecessor's regulatory efforts.”