White House Orders Agencies to Provide Regulatory Relief During and After COVID-19
Executive order encourages deregulation to stimulate economic recovery.
The President issued an executive order directing agencies to address the economic impact of COVID-19 by eliminating regulations, providing reopening guidance to businesses, and recognizing that regulatory compliance can be difficult in these circumstances.
Regulated businesses may benefit from these new directives:
- Regulatory relief. Agencies shall consider temporarily or permanently eliminating regulations that inhibit economic recovery and temporary enforcement discretion or extensions of time.
- Pre-enforcement rulings. Agencies shall enable businesses to obtain pre-enforcement rulings as to whether proposed conduct in response to COVID-19, including any response to economic stimulus actions, is consistent with law.
- Enforcement discretion. Agencies shall consider adopting enforcement discretion policies that decline enforcement against businesses that have attempted in reasonable good faith to comply with law, guidance, and any pre-enforcement ruling.
- Fairness in enforcement. Agencies shall consider principles of fairness in administrative enforcement and adjudication, consistent with Executive Order 13892.
- Regulatory review. Agencies shall consider permanently rescinding any regulations that were temporarily rescinded in response to COVID-19.
This new executive order builds on prior executive orders directing agencies to ensure transparency and fairness in policymaking and enforcement. See Jones Day's previous Alert.
Businesses in regulated industries should consider seeking regulatory relief to mitigate the economic impact of COVID-19 on their business operations.
Jones Day publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. The mailing of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.