Much attention has been focused of late on the impact that the incoming president will have on President Obama’s executive orders and rulemaking relative to a great number of issues where the president determined that he could not work with the Republican Congress. President-elect Trump has repeatedly promised to ’roll back’ virtually all of the rules and regulations promulgated by the current President. While the new president can rescind executive orders within minutes of the inaugural ceremony, any effort to roll back a final rule is ordinarily subject to the same process that those rules were subject to when created, which includes notice, a period for public comment and litigation. This process can take years. Examples of rules that may be ripe for scrutiny include virtually all rulemaking related to Clean Power, Waters of the U.S., Labor and Employment, and the Affordable Care Act.
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