Automotive Fleet
MenuMENU
SearchSEARCH

Trump’s Two-For-One Regulatory Fiat Spurs Court Challenge

A lawsuit brought by two high-profile public advocacy groups and a prominent labor union seeks to block the executive order signed by President Trump on Jan. 30 that directs federal agencies to repeal two federal regulations for every new rule they issue.

David Cullen
David Cullen[Former] Business/Washington Contributing Editor
Read David's Posts
February 14, 2017
Trump’s Two-For-One Regulatory Fiat Spurs Court Challenge

Image: WhiteHouse.gov

3 min to read


Image: WhiteHouse.gov

A lawsuit brought by two high-profile public advocacy groups and a prominent labor union seeks to block the executive order signed by President Trump on Jan. 30 that directs federal agencies to repeal two federal regulations for every new rule they issue.

Ad Loading...

The plaintiffs, Public Citizen, the Natural Resources Defense Council and the Communications Workers of America, filed their complaint with the U.S. District Court for the District of Columbia on Feb. 8 to secure a ruling that would declare the executive order cannot be lawfully implemented and bar the agencies from implementing the order.

Ad Loading...

Trump’s order calls for new federal regulations to have a net cost of $0 this fiscal year, but without taking into account the value of the benefits of public protections, contend the plaintiffs.

The order on “Reducing Regulation and Controlling Regulatory Costs” was issued by Trump on January 30 and Interim Guidance on complying with it was issued by the White House’s Office of Management and Budget on Feb. 2.

Named as defendants in the suit are the president, the acting director of the Office of Management and Budget and the current or acting secretaries and directors of more than a dozen executive departments and agencies, including newly confirmed Secretary of Transportation Elaine Chao.

The complaint holds that the agencies cannot lawfully comply with the president’s order because doing so would violate the very statutes under which the agencies operate as well as the federal Administrative Procedure Act.

“The Executive Order exceeds President Trump’s constitutional authority, violates his duty under the Take Care Clause of the Constitution, and directs federal agencies to engage in unlawful actions that will harm countless Americans, including plaintiffs’ members,” states the 49-page complaint.

Ad Loading...

The plaintiffs also argue these specific points in the complaint:

  • “The agencies’ governing statutes do not authorize agencies to repeal an existing regulation, weaken a new regulation, or forgo or delay a new regulation that it would otherwise issue, for the purpose of offsetting costs of new regulations.

  • “The Executive Order… requires the agencies to consider factors not specified in or inconsistent with their governing statutes, and to repeal, weaken, or delay regulations for an impermissible purpose.

  • “Agencies that comply with the Executive Order in their decisions regarding whether to propose, issue, or repeal regulations are acting in violation of their governing statutes. Decision-making based on the factors set forth in the Executive Order also constitutes action that is arbitrary and capricious, contrary to law, and in excess of agency authority."

Among numerous examples the plaintiffs offer in the complaint of “adverse effects” from the order and of how the order “directs agencies to act unlawfully and why it is unconstitutional” is the rule jointly proposed by NHTSA and FMCSA that would mandate speed-limiting devices on heavy commercial vehicles.

“NHTSA and FMCSA estimate net benefits of $500 million to $5 billion annually from the rule, including fuel savings and the prevention of thousands of traffic injuries and deaths,” the complaint states. “To promulgate the speed-limiting device regulation, the agencies would have to repeal regulations with costs of $200 million to $1.5 billion annually, without regard to the net benefits of the new regulation and the repealed regulations.”

"No one thinking sensibly about how to set rules for health, safety, the environment and the economy would ever adopt the Trump Executive Order approach– unless their only goal was to confer enormous benefits on big business,” Public Citizen President Robert Weissman said in a statement on the suit… By irrationally directing agencies to consider costs but not benefits of new rules, it would fundamentally change our government’s role from one of protecting the public to protecting corporate profits.”

More Operations

AF news recap thumbnail
Operationsby Faith HowellSeptember 11, 2026

Fleet Has a Talent Pipeline Problem. What Comes Next? | AF News Recap

Where will fleet’s next generation of leaders come from? This week, we’re looking at the industry’s talent pipeline, what certification can add to a fleet career, how to build an award-worthy track record, and the return of Automotive Fleet’s Personal Use Survey.

Read More →
5Keys Engage
Operationsby StaffSeptember 9, 2026

Smith System Launches Driver Risk Management Program

Fleets have more driver data than ever, but identifying risky behavior doesn't necessarily correct it. Smith System's new Driver Risk Management program combines monitoring, training, and follow-up coaching to help fleets connect risk signals with driver intervention.

Read More →
Graphic promoting Automotive Fleet's 2026 Personal Use Survey with the text "Have a Personal Use Policy? We Want to Know!" encouraging fleet managers to complete the annual industry survey.
Operationsby StaffSeptember 8, 2026

Automotive Fleet Opens 2026 Personal Use Survey for Commercial Fleet Managers

Less than two weeks left! Commercial and corporate fleet managers are invited to share how their organizations handle company vehicle personal-use policies, charges, and driver eligibility.

Read More →
Ad Loading...
Automotive Fleet news graphic featuring a woman pointing to the headline, “From AI Prompts to AI-Generated Safety Songs,” against a blue background.
Operationsby Faith HowellSeptember 4, 2026

From AI Prompts to AI-Generated Safety Songs | AF News Recap

Can better prompts make AI more useful for fleet managers? This week, we’re breaking down smarter fleet analysis, an AI-assisted experiment that turned safety training into music, and what happened to fuel prices in August.

Read More →
Interviewee photo and quote from her
Operationsby Chris BrownSeptember 1, 2026

How to Write Better AI Prompts for Fleet Analysis

Include these six elements in your fleet prompts to generate more relevant analysis and accurate answers.

Read More →
A Fleet Meets blue, red, and teal graphic with Eric Kilgore's headshot, title, and company.
Operationsby Faith HowellAugust 21, 2026

Fleet Meets: Eric Kilgore

This edition of the Fleet Meets series features one of the industry's best leaders driving multi-market and national operations.

Read More →
Ad Loading...
fleetio coast pay cost
OperationsAugust 13, 2026

Why Reactive Fleet Management Is Becoming Too Expensive to Sustain

Research highlights a growing need for proactive management strategies to address rising costs in fleet operations effectively.

Read More →
"Element Mobility report cover with a utility fleet truck and the title 'What your fleet KPIs aren't telling you.'"
SponsoredAugust 12, 2026

What Your Fleet KPIs Aren’t Telling You

Tracking fleet metrics is only useful when the data leads to better decisions. This guide helps fleet leaders assess cost, utilization, and downtime more accurately, identify performance gaps, and prioritize the actions that can improve operational results.

Read More →
Cover of the AgileFleet white paper "Hidden in Plain Sight: Fleet Compliance Risks" with the AgileFleet logo and a photo of fleet vehicles parked outside a government building.
SponsoredAugust 7, 2026

Hidden in Plain Sight: Fleet Compliance Risks

Fleet compliance isn't just about having policies — it's about consistently enforcing them. This practical guide reveals six hidden compliance risks common in public sector and shared fleet operations and outlines proven strategies to improve visibility, accountability, and audit readiness

Read More →
Ad Loading...
Turning Fleet Payment data into executive insights blue podcast thumbnail
OperationsAugust 5, 2026

Turning Fleet Payment Data into Executive Insights

Does data alone drive results in operations?

Read More →