Directing the Repeal of Unlawful Regulations

4/9/2025

Presidential Memoranda

View Original

Action Summary

Objective: Promote economic growth and innovation by repealing unlawful, unnecessary, and onerous regulations that burden American consumers and businesses.
Legal Foundation: Directs agencies to review regulations in light of key Supreme Court decisions (e.g., Loper Bright Enterprises v. Raimondo, West Virginia v. EPA, SEC v. Jarkesy, among others) to determine their lawfulness.
Review Process: Agencies are required to complete a 60-day review period (as specified in Executive Order 14219) to identify regulations that exceed statutory authority or are otherwise unlawful.
Immediate Repeal Authority: Agencies must use the “good cause” exception of the Administrative Procedure Act to repeal facially unlawful regulations immediately, bypassing notice-and-comment requirements when appropriate.
Priority for Repeal: Focus is placed on regulations conflicting with listed Supreme Court decisions, ensuring swift action to eliminate those that are legally unsustainable.
Reporting Requirements: Within 30 days after the review period, agencies must submit a summary to the Office of Information and Regulatory Affairs explaining why any initially identified regulation was not repealed.

Risks & Considerations

The directive to repeal unlawful regulations could lead to significant changes in the regulatory landscape, affecting compliance requirements for institutions like Vanderbilt University. This may necessitate a review of current policies and practices to ensure alignment with new legal standards.
The focus on repealing regulations that conflict with recent Supreme Court decisions may impact areas such as environmental policies, educational admissions, and healthcare regulations, which are relevant to university operations and research initiatives.
The expedited process for repealing regulations without notice and comment could result in sudden changes, creating uncertainty and requiring rapid adaptation by the university to maintain compliance.
Vanderbilt University may need to engage in proactive monitoring of regulatory changes and participate in advocacy efforts to ensure that the interests of higher education institutions are considered in the deregulatory process.

Impacted Programs

Environmental Research Programs may be affected by changes in EPA regulations, necessitating adjustments in research focus and funding strategies.
Admissions and Diversity Initiatives could be impacted by changes related to the Students for Fair Admissions v. Harvard decision, requiring a reevaluation of admissions policies and diversity goals.
The Office of Legal Affairs will likely play a critical role in interpreting the implications of regulatory changes and advising university leadership on compliance strategies.
Healthcare and Medical Research programs may need to adjust to changes in healthcare regulations, particularly those related to NIH funding and health equity initiatives.

Financial Impact

The repeal of certain regulations could alter the funding landscape for research grants, particularly those related to environmental and healthcare initiatives, impacting the university’s financial planning and resource allocation.
Changes in regulatory compliance requirements may lead to increased administrative costs as the university adapts to new legal standards and reporting obligations.
Opportunities for securing federal funding may shift, requiring strategic adjustments in grant applications and partnerships to align with the administration’s priorities.
Potential changes in admissions policies could affect the demographic composition of the student body, influencing tuition revenue and financial aid distribution.

Relevance Score: 4 (The directive presents high risks involving major transformations in regulatory compliance and potential impacts on university operations and funding.)

Key Actions

Office of Federal Relations should closely monitor the review-and-repeal efforts of federal agencies to identify any regulations that may impact Vanderbilt University. This will be crucial in understanding how changes might affect university operations, research funding, and compliance requirements.
Legal Affairs Department should evaluate the potential impacts of the repeal of regulations on university policies and procedures. By understanding the legal implications, the university can ensure compliance and mitigate any risks associated with regulatory changes.
Research Administration should assess how the repeal of regulations might affect research funding and opportunities. Engaging with federal agencies to align Vanderbilt’s research initiatives with new regulatory frameworks could enhance the university’s ability to secure funding and support innovative research projects.
Policy Analysis and Advocacy Group should conduct research on the broader impacts of deregulation on higher education and share findings with policymakers. This can position Vanderbilt as a thought leader in the national conversation on regulatory reform and its implications for universities.

Opportunities

The executive order presents an opportunity for Vanderbilt’s Research Centers to expand their focus on innovation and economic growth. By leveraging deregulation, the centers can pursue new research initiatives that align with national priorities and attract federal support.
Vanderbilt can capitalize on the deregulatory initiative by developing partnerships with industry leaders to foster innovation and entrepreneurship. This could include joint research projects, technology transfer agreements, and collaborative ventures that enhance Vanderbilt’s reputation and impact in the innovation ecosystem.
The emphasis on repealing unlawful regulations offers an opportunity for Vanderbilt’s Policy Institutes to engage in policy analysis and advocacy. By providing evidence-based recommendations, the institutes can influence how deregulation is implemented and ensure that it supports educational equity and access.

Relevance Score: 4 (The order presents the potential for major process changes required for Vanderbilt’s programs due to regulatory impacts.)

Average Relevance Score: 4.2

Timeline for Implementation

60-day review period starting February 19, 2025, during which agencies must identify unlawful and potentially unlawful regulations, with instructions to take immediate repeal actions thereafter.
Within 30 days after the 60-day review period concludes, agencies must submit a one-page summary for regulations not targeted for repeal.

Relevance Score: 4

Impacted Government Organizations

Executive Departments and Agencies: The memorandum directs the heads of all executive departments and agencies to immediately review and repeal unlawful regulations, affecting virtually all agencies across the federal government.
Office of Information and Regulatory Affairs (OIRA): OIRA is specifically tasked with receiving a detailed one-page summary from agencies about regulations that will not be repealed, playing a key role in the oversight of the repeal process.

Relevance Score: 5 (The directive applies broadly across the entire federal executive branch.)

Responsible Officials

Heads of Executive Departments and Agencies – Mandated to identify, review, and initiate the repeal of unlawful regulations, including finalizing rule changes using the “good cause” exception.
Office of Information and Regulatory Affairs – Required to receive and review one-page summaries from agencies regarding regulations that are not targeted for repeal.

Relevance Score: 4 (Directives affect agency heads and department leaders within the executive branch, making consequential operational impacts at the agency level.)