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

Shades of Fleet “Family Ties” thumbnail with Lauren Fletcher, a family tree graphic, keys, and Work Truck branding.
Operationsby Lauren FletcherSeptember 15, 2026

Family Ties Inside the Fleet Families Building Careers Across Generations

Three fleet families share what it really takes to work together, learn across generations, and keep business from following them home.

Read More →
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 FletcherSeptember 15, 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 →
Truck Centers Inc. graphic recognizing National Truck Driver Appreciation Week, Sept. 14–18, over an image of a semi-truck traveling along a rural highway beneath a cloudy sky.
Operationsby News/Media ReleaseSeptember 14, 2026

Truck Centers, Inc. Celebrates National Truck Driver Appreciation Week with $1,000 Fuel Card Giveaways

During National Truck Driver Appreciation Week, Truck Centers, Inc. is offering customers a chance to fuel up for free. Customers at all Truck Centers locations can enter to win one of four $1,000 fuel cards from Sept. 14 - 18.

Read More →
Ad Loading...
Lauren Fletcher appears in a Work Truck Weekly Truck Chat Cheat Sheet thumbnail with bold blue, black, white, and orange graphics. Text highlights fleet guides, AI, tariffs, and fuel strategy, with a semi-truck in the background.
Operationsby Lauren FletcherSeptember 14, 2026

Fleet Guides, AI Time-Savers, Truck Tariffs & Fuel Strategy Lead the News

This week’s Truck Chat Cheat Sheet covers new fleet vehicle guides, practical AI use cases, U.S.-Canada truck production, mixed-energy strategy, and more.

Read More →
Podcast cover for “The Fleet Skills We Keep Missing on Veterans’ Resumes” featuring a folded American flag, military dog tags, a resume listing leadership and adaptability skills, a wrench, and vehicle keys on a dark workbench.
OperationsSeptember 11, 2026

What Fleet Employers Are Missing When Hiring Veterans

What if some of the strongest candidates for fleet are already out there, but their experience is written in a language our industry does not always recognize?

Read More →
Graphic promoting Automotive Fleet's 2026 Personal Use Survey with the text "Have a Personal Use Policy? We Want to Know!" encouraging fleet managers to complete the annual industry survey.
Operationsby StaffSeptember 8, 2026

Automotive Fleet Opens 2026 Personal Use Survey for Commercial Fleet Managers

Less than two weeks left! Commercial and corporate fleet managers are invited to share how their organizations handle company vehicle personal-use policies, charges, and driver eligibility.

Read More →
Ad Loading...
Truck Chat promotional graphic featuring two hosts and the headline “Operate Fleet at the Speed of Business,” presented by Work Truck.
Operationsby Lauren FletcherSeptember 7, 2026

What Resilient Fleets Do Differently When Conditions Change

Fleet resilience is about more than reacting to disruption. Lauren Fletcher talks with AP Fleet’s Alex Coveney about flexibility, planning, scaling, and what helps fleets adapt when business conditions shift.

Read More →
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 →
Ad Loading...
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 →