Work Truck Logo
MenuMENU
SearchSEARCH

Trump’s Two-For-One Regulatory Fiat Spurs Court Challenge

A lawsuit brought by two high-profile public advocacy groups and a prominent labor union seeks to block the executive order signed by President Trump on Jan. 30 that directs federal agencies to repeal two federal regulations for every new rule they issue.

David Cullen
David Cullen[Former] Business/Washington Contributing Editor
Read David's Posts
February 14, 2017
Trump’s Two-For-One Regulatory Fiat Spurs Court Challenge

Image: WhiteHouse.gov

3 min to read


Image: WhiteHouse.gov

A lawsuit brought by two high-profile public advocacy groups and a prominent labor union seeks to block the executive order signed by President Trump on Jan. 30 that directs federal agencies to repeal two federal regulations for every new rule they issue.

The plaintiffs, Public Citizen, the Natural Resources Defense Council and the Communications Workers of America, filed their complaint with the U.S. District Court for the District of Columbia on Feb. 8 to secure a ruling that would declare the executive order cannot be lawfully implemented and bar the agencies from implementing the order.

Ad Loading...

Trump’s order calls for new federal regulations to have a net cost of $0 this fiscal year, but without taking into account the value of the benefits of public protections, contend the plaintiffs.

The order on “Reducing Regulation and Controlling Regulatory Costs” was issued by Trump on January 30 and Interim Guidance on complying with it was issued by the White House’s Office of Management and Budget on Feb. 2.

Named as defendants in the suit are the president, the acting director of the Office of Management and Budget and the current or acting secretaries and directors of more than a dozen executive departments and agencies, including newly confirmed Secretary of Transportation Elaine Chao.

The complaint holds that the agencies cannot lawfully comply with the president’s order because doing so would violate the very statutes under which the agencies operate as well as the federal Administrative Procedure Act.

“The Executive Order exceeds President Trump’s constitutional authority, violates his duty under the Take Care Clause of the Constitution, and directs federal agencies to engage in unlawful actions that will harm countless Americans, including plaintiffs’ members,” states the 49-page complaint.

Ad Loading...

The plaintiffs also argue these specific points in the complaint:

  • “The agencies’ governing statutes do not authorize agencies to repeal an existing regulation, weaken a new regulation, or forgo or delay a new regulation that it would otherwise issue, for the purpose of offsetting costs of new regulations.

  • “The Executive Order… requires the agencies to consider factors not specified in or inconsistent with their governing statutes, and to repeal, weaken, or delay regulations for an impermissible purpose.

  • “Agencies that comply with the Executive Order in their decisions regarding whether to propose, issue, or repeal regulations are acting in violation of their governing statutes. Decision-making based on the factors set forth in the Executive Order also constitutes action that is arbitrary and capricious, contrary to law, and in excess of agency authority."

Among numerous examples the plaintiffs offer in the complaint of “adverse effects” from the order and of how the order “directs agencies to act unlawfully and why it is unconstitutional” is the rule jointly proposed by NHTSA and FMCSA that would mandate speed-limiting devices on heavy commercial vehicles.

“NHTSA and FMCSA estimate net benefits of $500 million to $5 billion annually from the rule, including fuel savings and the prevention of thousands of traffic injuries and deaths,” the complaint states. “To promulgate the speed-limiting device regulation, the agencies would have to repeal regulations with costs of $200 million to $1.5 billion annually, without regard to the net benefits of the new regulation and the repealed regulations.”

"No one thinking sensibly about how to set rules for health, safety, the environment and the economy would ever adopt the Trump Executive Order approach– unless their only goal was to confer enormous benefits on big business,” Public Citizen President Robert Weissman said in a statement on the suit… By irrationally directing agencies to consider costs but not benefits of new rules, it would fundamentally change our government’s role from one of protecting the public to protecting corporate profits.”

Originally posted on Automotive Fleet

More Operations

Graphic for Work Truck's TruckChat Shades of Fleet series titled "Next Up in Fleet." A commercial truck drives toward a futuristic city skyline with digital technology icons, connected vehicle imagery, and blue light trails representing innovation and the future of fleet.
Operationsby Lauren FletcherJune 17, 2026

Shades of Fleet Call for Voices: Next Up in Fleet

Apprentices, interns, young professionals, and rising leaders: share your voice in our "Next Up in Fleet" episode of our Shades of Fleet video series!

Read More →
Truck Chat Weekly Cheat Sheet thumbnail featuring Lauren Fletcher against a truck-themed background with bold text reading “Skilled Trades, Smart Fleets & Driver Voices.” The graphic highlights workforce development, fleet leadership, and driver-focused industry trends
Operationsby Lauren FletcherJune 15, 2026

Fleet Leadership, Skilled Trades, and Better Data Take Center Stage | Weekly Cheat Sheet

Skilled trades, fleet leadership, DataQs, and driver input take center stage in this week's Truck Chat Weekly Cheat Sheet. Watch the latest fleet headlines.

Read More →
Graphic announcing the 2026 Class of NAFA Fellows, listing honorees Clyde “Dale” Collins, Patti Earley, Bryan Flansburg, Bob Mossing, and Cedric Roberts, with the NAFA Fleet Management Association logo on a blue and gold background.
Operationsby News/Media ReleaseJune 10, 2026

NAFA Names 2026 Class of Fellows, Honoring Leaders in Fleet Management

NAFA Fleet Management Association (NAFA) has recognized five fleet professionals by naming them to the 2026 Class of NAFA Fellows. Find out who they are and learn more about their impact on the fleet management profession.

Read More →
Ad Loading...
Graphic promoting a Verisk cargo theft story. Large text reads “Cargo Theft Indictment” beside an open box truck containing palletized, shrink-wrapped cargo, highlighting a transportation crime and law enforcement investigation.
Operationsby News/Media ReleaseJune 9, 2026

Verisk CargoNet Assists in Manhattan Cargo Theft Indictment Targeting Multi-State Impersonation Ring

Verisk CargoNet assisted law enforcement efforts tied to an indictment related to an organized, multi-state cargo theft operation that allegedly took nearly $5 million in stolen goods through impersonation tactics.

Read More →
Hands holding several potatoes beneath the headline "What's Your Fleet Potato?" illustrating how simple, unexpected ideas can create meaningful impact in fleet management.
OperationsJune 5, 2026

What Does a Potato Have to Do with Leadership?

From simple process improvements and creative problem-solving to the little moments that strengthen team culture, this conversation dives into the power of unexpected ideas and why innovation doesn't always arrive wrapped in new technology or a major initiative.

Read More →
Podcast mic with LISTEN TODAY! and Truck Chat logo, as well as iHeart Radio, Spotify, and Apple Music Logos
Operationsby Lauren FletcherJune 5, 2026

Looking for a New Podcast for the Road? Start Here!

Looking for a new podcast? Truck Chat delivers fleet leadership insights, industry deep dives, AI discussions, innovations, and real-world stories.

Read More →
Ad Loading...
Collage of WTX Work Truck eXchange: fleet managers networking, learning sessions, and supplier meetings. Text reads “Hosted. Curated. Fleet-Focused.” Apply for Sept 23–25, 2026 in Scottsdale, AZ.
Operationsby Lauren FletcherJune 4, 2026

WTX Fleet Manager Applications Close Soon (and Yes, You Want In)

WTX Fleet Manager Applications close soon for the hosted Work Truck Exchange, Sept. 23-25, 2026, in Scottsdale, Arizona. Limited spots available, apply today!

Read More →
YouTube thumbnail for Work Truck’s Truck Chat series. Large headline text on the left reads “AT THE SHOW” with a subheadline, “Reimbursement: Fleets Biggest Blindspot.” On the right, a man in a gray plaid blazer and white shirt speaks while gesturing with his hand, wearing a wireless microphone clipped to his jacket.
Operationsby Lauren FletcherJune 4, 2026

Did You Know What You Don't See May Be Costing You Big?

As more employees choose personal vehicles (including hybrids and EVs) for business use, companies face new challenges around visibility, insurance, liability, and cost control.

Read More →
Square promotional graphic for Shades of Fleet featuring host Lauren Fletcher against an American flag background. Bold text reads "Veteran Voices" and "From Military Service to Fleet Leadership." The image promotes a conversation with fleet professionals about military experience, leadership, teamwork, and transitioning into civilian fleet careers.
OperationsJune 3, 2026

Veteran Voices in Fleet | How Military Service Shapes Fleet Leaders

Across every perspective, one message is clear: the experiences gained through military service continue to influence how veterans contribute to the fleet industry every day.

Read More →
Ad Loading...
Collage-style feature image of fleet industry veteran Robert Martinez throughout different stages of his life and career, including vintage motorcycle photos, NYPD fleet operations, leadership roles, family moments, and retirement years, with bold text reading “Robert Martinez: Fleet Legend.”
Operationsby Lauren FletcherJune 2, 2026

The Fleet Lessons That Don’t Show Up on a Spreadsheet

From index cards to predictive maintenance, Robert Martinez shares the hard-earned leadership lessons that shaped nearly 40 years in fleet.

Read More →