1 00:00:00,000 --> 00:00:02,199 Speaker 1: Well, now it's time for our daily Bloomberg Law Brief, 2 00:00:02,279 --> 00:00:05,400 Speaker 1: exploring legal issues in the news, and Today, Bloomberg lawhosting 3 00:00:05,440 --> 00:00:09,200 Speaker 1: Grosso and Michael Best discussed the Trump administration's method of 4 00:00:09,200 --> 00:00:12,840 Speaker 1: indefinitely delaying federal regulations and why the tactic might be illegal. 5 00:00:12,880 --> 00:00:16,040 Speaker 1: They speak with William Busby, a professor at Georgetown Law Center, 6 00:00:16,120 --> 00:00:19,800 Speaker 1: and Emily Hammond, a professor at George Washington University Law School. 7 00:00:20,440 --> 00:00:25,360 Speaker 1: Bill presence from both parties routinely pause their predecessor's rules. 8 00:00:25,840 --> 00:00:29,640 Speaker 1: What is Trump doing differently and what's the impact? Um. 9 00:00:30,200 --> 00:00:32,880 Speaker 1: The idea that the president and as the agencies could 10 00:00:33,080 --> 00:00:36,000 Speaker 1: do a short term delay while they look at something 11 00:00:36,080 --> 00:00:40,000 Speaker 1: that's quite common. Their difference here is that in has 12 00:00:40,360 --> 00:00:45,760 Speaker 1: dozens of settings, agencies and also their lawyers have started 13 00:00:45,800 --> 00:00:48,600 Speaker 1: with a short delay and then have talked about a 14 00:00:48,720 --> 00:00:53,440 Speaker 1: much longer stay of implementation or a commitment not to 15 00:00:53,560 --> 00:00:58,840 Speaker 1: enforce the law. So they're really rendering a nullity regulations 16 00:00:58,840 --> 00:01:03,560 Speaker 1: of the agency had already said should be the law. Emily, 17 00:01:03,720 --> 00:01:06,920 Speaker 1: there there are laws and procedures that are supposed to 18 00:01:06,920 --> 00:01:11,880 Speaker 1: be followed UM, specifically the Administrative Procedures Act when agencies 19 00:01:12,400 --> 00:01:18,160 Speaker 1: do rulemaking. How does the Administrative Procedures Act work Well, 20 00:01:18,200 --> 00:01:20,679 Speaker 1: it does a few things. One of the first things 21 00:01:20,680 --> 00:01:24,840 Speaker 1: it does is ensure that when agencies take actions UM 22 00:01:24,920 --> 00:01:29,760 Speaker 1: changing policies implementing the policies of new presidential administrations, that 23 00:01:29,880 --> 00:01:33,959 Speaker 1: they do it following certain procedures. And those procedures are 24 00:01:34,000 --> 00:01:39,360 Speaker 1: meant to ensure that the public, that stakeholders, that lawmakers 25 00:01:39,400 --> 00:01:44,199 Speaker 1: are able to see what the agencies are doing, participates 26 00:01:44,319 --> 00:01:49,320 Speaker 1: in their consideration of issues UM, and have transparency and 27 00:01:49,400 --> 00:01:53,600 Speaker 1: oversights for those agencies. UM. What the agencies are doing 28 00:01:53,720 --> 00:01:56,680 Speaker 1: right now UM is not just a shortcut. It's an 29 00:01:56,760 --> 00:02:00,760 Speaker 1: unlawful short circuiting of the procedure years that are set 30 00:02:00,800 --> 00:02:04,200 Speaker 1: forth in the a p A, which is really meant UH. 31 00:02:04,440 --> 00:02:09,200 Speaker 1: In addition, the APS meant to provide certainty for regulated 32 00:02:09,320 --> 00:02:12,720 Speaker 1: entities in the public as well, and this approach that 33 00:02:12,760 --> 00:02:16,680 Speaker 1: the Trump administration is taking really turns that promise of 34 00:02:16,720 --> 00:02:21,480 Speaker 1: regulatory certainty on its head UM and puts instead the 35 00:02:21,560 --> 00:02:24,760 Speaker 1: fate of many of these regulations up in the air. 36 00:02:25,200 --> 00:02:30,720 Speaker 1: That creates uncertainty, not reliable lawful standards. Bloomberg Lawyers weekdays 37 00:02:30,720 --> 00:02:32,840 Speaker 1: at one pm Wall Street Time here on Bloomberg Radio