On February 19, 2025, President Trump signed an Executive Order asking federal agencies to review regulations and report back to the White House with reforms needed to be consistent with law and Trump administration policy. The EO is available at Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Regulatory Initiative – The White House

The EO requires that  

Within 60 days of the date of this order, agency heads shall, in consultation with the Attorney General as appropriate, identify the following classes of regulations:
(i)    unconstitutional regulations and regulations that raise serious constitutional difficulties, such as exceeding the scope of the power vested in the Federal Government by the Constitution;
(ii)   regulations that are based on unlawful delegations of legislative power;
(iii)  regulations that are based on anything other than the best reading of the underlying statutory authority or prohibition;
(iv)   regulations that implicate matters of social, political, or economic significance that are not authorized by clear statutory authority;
(v)    regulations that impose significant costs upon private parties that are not outweighed by public benefits;
(vi)   regulations that harm the national interest by significantly and unjustifiably impeding technological innovation, infrastructure development, disaster response, inflation reduction, research and development, economic development, energy production, land use, and foreign policy objectives; and
(vii)  regulations that impose undue burdens on small business and impede private enterprise and entrepreneurship.

We are reviewing regulations particularly that impact unemployment insurance and workers’ compensation to recommend rules and administrative policy changes for consideration.

Recent regulations of concern include rules addressing the expansive reporting requirements with respect to Medicare Secondary Payer, Civil Monetary Penalties, Black Lung Self Insurer Financing Requirements, the legal status of the WCMSP Reference Guide, the misuse of BAM to determine UI improper payments rates, and the definition of due process for UI administration.

If you have regulations or administrative policy of concern, please let us know.

We plan to submit recommendations to the federal agencies and the Office of Management and Budget.