Document Type
Article
Publication Date
4-30-2020
ISSN
2330-1295
Publisher
JOTWELL
Language
en-US
Abstract
When a President who campaigned on a deregulatory platform assumes office, the question immediately arises whether, in light of the unlikelihood of significant statutory assistance by Congress, the new administration will be able to achieve substantial deregulation on its own. In most contexts, agencies looking to ease regulatory burdens have essentially two options: they can engage in a reappraisal of the regulatory record (like the Reagan administration’s failed attempt to rescind the passive restraint requirement for new automobiles), or they can reinterpret the statute or statutes underlying a regulatory program (such as the same administration’s successful reform of the regulation of “stationary sources” of air pollutants), or both.
Recommended Citation
Jack M. Beermann,
When Agencies Do Not Not Have Statutory Power to Regulate
,
in
JOTWELL
(2020).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/1869
