As the pandemic grinds on, 2021 brought rulemaking developments from all three branches. Newly inaugurated President Biden issued several directives in the early days of his presidency articulating this administration’s regulatory policy. Some of those directives have already seen court challenges. Many more are awaiting implementation and likely judicial review. In the meantime, several Trumpera rules were adjudicated. In Congress, three Trump-era rules were disapproved under the Congressional Review Act (CRA) and other regulation-related bills were introduced but not enacted.
Marked by a deadly pandemic and a consequential election, 2020 also produced a number of rulemaking developments, particularly in the courts. The Trump Administration continued to struggle in court in its final year, while it forged ahead with its own regulatory plans, grappled with calls for regulatory flexibility in response to the pandemic, and kicked off new initiatives. There was relatively little action on regulation in Congress, compared to previous years.
Insights by Bridget C.E. Dooling
Bridget C.E. Dooling is a research professor with the GW Regulatory Studies Center. Previously, she was a deputy chief, senior policy analyst, and attorney for the Office of Information and Regulatory Affairs (OIRA) at the U.S. Office of Management and Budget (OMB). She also served on the Biden-Harris Transition Team.