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News | February 19, 2025

Executive Order 14219: Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Regulatory Initiative

The purpose of this order is to focus the executive branch’s limited enforcement resources on regulations squarely authorized by constitutional federal statutes. It gives federal agencies 60 days to identify seven classes of federal regulations: (1) unconstitutional regulations, and those that raise serious constitutional difficulties; (2) regulations based on unlawful delegation of legislative power; (3) regulations based on anything other than the best reading of the underlying statutory authority or prohibition; (4) regulations that implicate matters of social, political or economic significance that are not authorized by clear statutory authority; (5) regulations that impose significant cost upon private parties that are not outweighed by public benefits; (6) regulations that harm the national interest by significantly and unjustifiably impeding technological innovation, infrastructure development, disaster response, inflation reduction, research and development, economic development, energy production, land use and foreign policy objectives; and (7) regulations that impose undue burdens on small business and impede private enterprise and entrepreneurship. The second, third and fourth categories are based on three U.S. Supreme Court decisions, all of which limit either the power of federal administrative agencies or the deference federal courts have to give to federal agency interpretations of federal statutes.

This order directs federal agencies to de-prioritize actions to enforce regulations that are based on anything other than the best reading of the statute and regulations that go beyond powers vested in the federal government by the constitution. It also directs agencies to terminate all enforcement proceedings that do not comply with the Constitution, laws or administration policy.

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