Trump Administration Releases “Regulatory Freeze Pending Review” Executive Order

On January 20, 2025, the Trump Administration released a memorandum, "Regulatory Freeze Pending Review," to halt agency rulemaking processes (the "EO").

The EO orders all executive departments and agencies to "not propose or issue any rule in any manner, including by sending a rule to the Office of the Federal Register (the 'OFR'), until a department or agency head appointed or designated by the President after noon on January 20, 2025, reviews and approves the rule." The EO also directs agencies to withdraw any rules that have been submitted to the OFR, but have not been published in the Federal Register, such that they may reviewed and approved in accordance with its process for proposed rules. The EO provides an exception for rules deemed necessary to address emergency situations or other urgent circumstances such as "rules subject to statutory or judicial deadlines that require prompt action."

The EO further directs agencies to consider postponing for 60 days from the date of the memorandum the effective dates of rules that have been finalized and published in the Federal Register but have not yet become effective. For such rules, it directs agencies to "consider opening a comment period to allow interested parties to provide comments about issues of fact, law, and policy" during this 60-day period.

The EO states that agencies must implement its directions "consistent with applicable law." Executive orders, which are legally binding orders issued by the President to federal administrative agencies, generally apply to executive branch agencies. Independent agencies such as the Federal Communications Commission and the Federal Trade Commission may not necessarily be bound by executive orders in the same way. That said, agency heads often follow EOs in any event.