On May 19, President Trump issued an Executive Order (EO) authorizing federal agencies to provide regulatory relief to support the economic response to the COVID-19 outbreak. Specifically, the EO allows agencies to rescind, modify, waive, or provide exemptions from regulatory and other requirements that may impede economic recovery, consistent with applicable law and protection of the public health and safety. Since March, federal agencies have responded to the COVID-19 outbreak by taking hundreds of administrative actions, many of which provided flexibility regarding regulatory requirements, in an effort to address the spread of the virus and its impacts. With focus shifting to overcoming the effect the virus has had on the economy, the EO notably requires agencies to review those regulatory standards that they have temporarily rescinded or otherwise modified and determine which, if any, would promote economic recovery if made permanent. The EO also requires agencies to more broadly review current and prospective regulatory priorities and identify those that may inhibit economic recovery. Finally, the EO recommends that agencies provide compliance guidance to businesses and commit to fairness in administrative enforcement and adjudication.
