Regulatory Reform Resources

Realities, Challenges, and Opportunities

“Reg reform,” “Deregulation,” or “Deconstructing the Administrative State” – whatever term you choose – this phenomenon is a dominant force in the way Washington does business these days. With a flurry of Executive Orders from the President and directives from senior appointees, federal agencies across the government are reversing prior policies, requiring additional justifications for new rules, and opening discussion on whether existing rules should be revoked or modified to reduce burden and cost. One by one, virtually all the federal agencies have solicited input on candidate programs for deregulation or permit streamlining, and interested parties have identified so many desired changes that the regulators are overwhelmed. 

The highest priority rules will assuredly be addressed, but how much attention will those in lower tiers receive, given the still limited number of confirmed political appointees and sustained pressure to reduce the workforce at most agencies? With these realities, interested parties seeking change will need to advocate effectively, using sophisticated strategies to persuade agencies the need is urgent and the revisions legally defensible.  Success will depend upon reaching key decision-makers, making the “case,” and providing credible evidentiary support the agency can rely on, which will withstand the inevitable court challenges that will follow. 

Clark Hill’s regulatory reform team, which includes former senior government officials, seasoned administrative law and government relations advocates, appellate attorneys, and practitioners skilled in working with economists and other experts, is already assisting clients in navigating this new regulatory setting. Working efficiently, the team advises clients in developing a tailored strategy, optimizing available resources, and integrating all relevant advocacy approaches and tools to produce a coordinated action plan and the follow-through to make it successful.