Biden Administration Enacts Regulatory Review

  • On January 27, 2021
  • Biden, Biden Administration, biden review, regulatory freeze, regulatory review

At the beginning of a new Administration, it is common for agencies to review regulations from the previous Administration, particularly those finalized near the end of the Administration’s term, or still in progress. On his inauguration day, President Biden issued a memo to the heads of Executive Departments and agencies directing a freeze and review of new and pending rules. Rules that have been finalized, but have not yet taken effect, will be postponed for a 60-day period, after which determinations will be made on further action.

It is unclear the extent to which this regulatory freeze will impact existing regulations, or generally non-controversial regulation already in the pipeline after the 60-day review period such as pending approvals for certain pesticides registrations at the Environmental Protection Agency. Currently this does not impact rules that were finalized earlier under the Trump Administration, such as the SECURE rule on biotechnology policy. Other rules that were finalized in the last days of the previous Administration, like the Department of Labor rule streamlining the H-2A hiring process, have been withdrawn from the Federal Register and halted from taking effect.

ASTA staff will continue to monitor regulatory changes as the new Administration determines further action.