Excerpt: “The following guidance is provided to explain the factors and considerations that agencies should prioritize when reviewing a regulation for compliance with each case listed in the Presidential Memorandum (PM), Directing the Repeal of Unlawful Regulations (April 9, 2025). The PM provides additional direction for how agencies should comply with Executive Order 14219, Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative. … In most cases, the method of repeal will be through publication in the Federal Register explaining that the agency has found the regulation (or a portion of the regulation) unlawful on its face. That publication document should explain the legal insufficiencies of the repealed regulation, address whether and why its repeal falls within the Administrative Procedure Act’s good-cause exception from notice-and-comment requirements, and effectuate the repeal.”
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