Experts predict legal challenges to Trump's deregulatory plan, according to reports.

Donald Trump, the president-elect, has expressed his plans to reduce the influence of federal agencies.

Experts predict legal challenges to Trump's deregulatory plan, according to reports.
Experts predict legal challenges to Trump's deregulatory plan, according to reports.

Experts anticipate that President-elect Trump will target federal agencies and Biden-era regulations, as he campaigned on reducing administrative state regulation.

On the first day of Trump's presidency, we can expect a lot of executive orders that will direct agencies to review and potentially change or eliminate existing regulations.

Mark Chenoweth, president of the New Civil Liberties Alliance, stated that Biden-era regulations may be eliminated once Trump returns to office, as the Biden administration implemented policies without proper legal authority, according to a report by Planet Chronicle Digital.

If Trump were to challenge the Biden administration's regulations, "I think they'll enjoy a lot of success," according to Chenoweth.

Elon Musk and Vivek Ramaswamy have been appointed by Trump to lead the Department of Government Efficiency (DOGE), with the president-elect already expressing his plans to reduce federal agency power and decrease the flow of federal funds.

Trump's transition team has stated that the advisory panel will not be a government agency but will instead provide recommendations on how to eliminate government bureaucracy and streamline federal agencies to reduce costs and enhance efficiency.

JD Vance and Donald Trump
Experts expect President-elect Donald Trump, right, to take aim at federal agencies and legislation after campaigning on deregulation of the administrative state. (Stephen Maturen/Getty Images)

The Trump administration will definitely consider DOGE's recommendations for reducing regulations, simplifying executive departments, and possibly abolishing certain agencies.

Both Chenoweth and Glicksman predicted that labor regulations, climate change, and environmental regulations could be targeted in January.

"The labor area has been greatly impacted by the Biden administration's radical actions, which exceeded the statutory authority granted to NLRB and the Department of Labor. This is one area that I predict will continue to be a concern," Chenoweth stated.

Elon Musk and Vivek Ramaswamy
President-elect Donald Trump announced Elon Musk, left, and Vivek Ramaswamy, right, would be leading the Department of Government Efficiency on Tuesday, Nov. 12, 2024. (Getty Images)

The Supreme Court overturned the Chevron doctrine in its Loper Bright decision, which previously granted deference to an agency's interpretation of a federal regulation. The court held that "Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority."

The Loper Bright ruling, which was litigated by Chenoweth's organization, was praised by Chenoweth as empowering Congress over administrative agencies.

"The administrative state has been expanding for the past 40 years due to its ability to interpret and create law when there is a gap or ambiguity in the statute, according to Chenoweth. However, this power will be limited in the future, and Congress will need to take action if reform or new legislation is required."

Loper Bright could "boomerang" on the Trump administration, according to Glicksman.

"If Chevron had remained in effect, Trump administration initiatives would have benefited from Chevron deference, but that's no longer the case. As a result, courts may scrutinize Trump administration initiatives more rigorously in administrative law issues than they would have before Loper Bright was decided."

The U.S. Supreme Court ruled to overturn the Chevron doctrine in June of this year in its Loper Bright decision.
The U.S. Supreme Court ruled to overturn the Chevron doctrine in June of this year in its Loper Bright decision. (Getty Images)

Glicksman predicts that legal challenges will arise specifically in the Fifth Circuit Court of Appeals, which tends to lean conservative, and also anticipates Democrat-led challenges in the Ninth and D.C. Circuits.

Glicksman stated that blue states, led by California, will likely challenge regulations, with the Ninth and D.C. Circuits, which are more favorable to agency authority, being the starting point. This will result in a shift in litigation.

According to Chenoweth, the lack of authority in many Biden-era regulations may make the circuit where the lawsuit is initiated irrelevant.

by Haley Chi-Sing

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