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.

Ad Loading...

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

View down the 996-foot Soap Box Derby track at Derby Downs in Akron, Ohio, with grandstands, the starting structure, and a colorful Soap Box Derby sign in the foreground.
Operationsby Lauren FletcherSeptember 1, 2026

If We Want the Next Generation in Automotive, We Have to Give Them a Reason to Care

The automotive industry talks constantly about its workforce shortage. But before we can recruit the next generation, we may need to do a better job giving kids a reason to care about automotive in the first place.

Read More →
Work Truck Weekly Truck Chat Cheat Sheet thumbnail featuring Lauren Fletcher with blue hair and raised hands beside a work truck, with callouts for Ram under $40K, tariffs, and AI maintenance.
Operationsby Lauren FletcherAugust 31, 2026

Ram ProMaster City Under $40K, Truck Tariffs, and AI Maintenance Lead the News

A sub-$40K commercial van, tariff questions, AI-powered maintenance, and a new EV production strategy headline this week’s Truck Chat Cheat Sheet.

Read More →
Fleet Legends promotional graphic featuring Bob Adamsky in a suit beside bold black, white, and yellow text reading “Legends of Fleet,” with his name and the tagline “Decades of Leadership. Lessons That Last.”
Sponsoredby Lauren FletcherAugust 31, 2026

Bob Adamsky Shares the Fleet Lessons You Usually Learn the Hard Way

After more than 30 years in fleet, Arrow International’s Bob Adamsky has learned that the job is about far more than vehicles. He shares the lessons he wishes every fleet manager could learn a little earlier.

Read More →
Ad Loading...
Fleet veteran Jeff Hurrell pictured in two career photos beside the words “Fleet Legends: Keep Asking Why.”
Operationsby Lauren FletcherAugust 27, 2026

Why Fleet Leaders Have to Keep Asking Why

What if the biggest fleet improvements start with one simple question? After decades managing budgets, policies, technology, teams, and some of the largest fleet operations in the business, Jeff Hurrell shares why fleet leaders should keep asking “why” before deciding what comes next.

Read More →
Truck Chat Monthly thumbnail saying Beyond the Truck with hose Lauren Fletcher from Work Truck
Sponsoredby Lauren FletcherAugust 26, 2026

Drones, EV Reality, Truck Production & Smarter Fleet Operations Lead This Month

August’s biggest work truck stories go beyond the vehicle, from disaster-response drones and EV reality checks to truck production, roadside uptime, and smarter fleet operations.

Read More →
Lauren Fletcher and Kim Davidson pose at Derby Downs with the All-American Soap Box Derby track behind them, alongside Soap Box Derby and Work Truck Truck Chat graphics.
Operationsby Lauren FletcherAugust 25, 2026

Team Fletcher Takes 2nd Overall at the Corporate Soap Box Derby

Team Fletcher came to Akron as a rookie and left with a win over Team Brown, a second-place overall finish, and $22,000 raised for The Hourglass Foundation. See how race day unfolded.

Read More →
Ad Loading...
Shades of Fleet Hidden Heroes graphic featuring silhouetted dispatchers, coordinators, parts specialists, and support staff working across fleet operations, with a Share Your Story callout.
Operationsby Lauren FletcherAugust 24, 2026

Shades of Fleet Call for Voices: Fleet's Hidden Heroes

Fleet’s hidden heroes are often the ones keeping everything moving behind the scenes. September’s Shades of Fleet is looking for dispatchers, coordinators, parts specialists, and other support pros to share their stories.

Read More →
Work Truck Trucks, Tips & Tours thumbnail featuring a woman at the WEX NAM Summit, with the headline “What Is the WEX NAM Summit?” and tagline “Industry ‘Meeting of the Minds.’”
Operationsby Wayne ParhamAugust 24, 2026

What is the WEX NAM Summit?

What makes the WEX NAM Summit different from other fleet industry events? It's a meeting of the minds that brings fleet and mobility leaders together to discuss emerging trends, AI, new solutions, best practices, and the future of the industry.

Read More →
Fleetworthy graphic featuring the Inc. 5000 fastest-growing private companies badge beside an aerial view of a red semi-truck traveling on a highway.
Operationsby News/Media ReleaseAugust 19, 2026

With 293% 3-Year Revenue Growth, Fleetworthy is One of the Fastest-Growing Private Companies in the U.S.

Fleetworthy has been named to 2026 Inc. 5000 list of fastest-growing private companies for the second consecutive year. It ranked No. 2 overall in the Albany-Schenectady-Troy, New York metro area.

Read More →
Ad Loading...
Lauren Fletcher with blue hair gestures beside a work truck graphic for the Truck Chat Weekly Cheat Sheet, featuring the callout “EV Reality, Fathom & Fleet Tech.”
Operationsby Lauren FletcherAugust 17, 2026

EV Fleet Reality, Ford Fathom, Robots, and Smarter Fleet Tech Lead the News

EV fleet lessons, Ford’s new Fathom electric truck, robots, manufacturing shifts, and smarter fleet technology headline this week’s Truck Chat Cheat Sheet.

Read More →