Court tosses challenge to Trump's two-for-one regulatory order

Court tosses challenge to Trump's two-for-one regulatory order
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A federal district court judge on Monday dismissed a challenge to President TrumpDonald TrumpEx-DOJ official Rosenstein says he was not aware of subpoena targeting Democrats: report Ex-Biden adviser says Birx told him she hoped election turned out 'a certain way' Cheney rips Arizona election audit: 'It is an effort to subvert democracy' MORE’s executive order directing federal agency heads to eliminate two rules for every new rule proposed.

U.S. District Court for the District of Columbia Judge Randolph Moss said Public Citizen, the Natural Resources Defense Council and Communication Workers of America, AFL-CIO failed to prove their members will be harmed by the president’s orders, which is a burden of proof required to bring a lawsuit.

The public interest groups argued they had “organizational standing” because the order has a chilling effect on their respective missions to encourage agencies to adopt regulations designed to protect public health and safety, the environment and workers’ rights.

The groups argued in court documents that Trump's action forces them to evaluate whether losing two rules is worth the benefit of a new one before lobbying for an agency action.

But Moss said the groups did not show that this concern has or will keep them from pursuing new protections.


"This is not to say that a plaintiff—or, indeed, that the present plaintiffs—will never be able to establish standing to challenge the Executive Order," he wrote.

"On the present record, however, the Court must conclude that it lacks jurisdiction."

Trump has counted his administration’s ability to cut down the nation’s regulatory rulebook as one its greatest accomplishments to date.

In December, White House Office of Information and Regulatory Affairs Administrator Neomi Rao said federal agencies issued 67 deregulatory actions and three regulatory actions through September.

Updated: 12:53 p.m.