President Revokes Bush-Era Executive Orders on Regulatory Planning and Review

President Barack Obama (D) has issued an executive order (E.O. 13497) revoking executive orders issued by his predecessor that, among other matters, gave the White House control over federal agency guidance documents and expanded the regulatory oversight authority of policy officers appointed by the president. Additional information about one of the revoked Bush-era executive orders appears in issues 199 and 213 of this Update.

The agency watchdog group OMB Watch issued a statement applauding the president’s action, saying that his “decision to revoke E.O. 13422 so early in his administration sends a clear signal that he hopes to limit the role of politics in the regulatory process.” E.O. 13422 required agencies to identify the specific market failure that justified agency rulemaking action and gave regulatory policy officers the right to initiate or stop rulemakings at any time without public input. OMB Watch characterized the Bush-era order as an attempt “to paralyze the regulatory
process.” See OMB Watch Press Release and Federal Register, February 4, 2009.