Deregulation - Uncertainty and Opportunity

Today, we’re exploring key elements of the Trump administration's recent executive orders on deregulation, their legal implications, and how they could reshape the competitive landscape for organizations across the U.S. If your business is in industries like technology, energy, or infrastructure, this is a must-listen for you.

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Deregulation: Uncertainty and Opportunity

About the authors
Jason C. Hicks
Kirk C. Jenkins
Kristina M. Moore

Transcript

Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.

With a focus on innovation, collaboration and client service. We are committed to delivering exceptional value to our clients and to the communities we serve. And now our latest episode.

Welcome to Womble Perspectives. Today, we’re exploring key elements of the Trump administration's recent executive orders on deregulation, their legal implications, and how they could reshape the competitive landscape for organizations across the U.S. If your business is in industries like technology, energy, or infrastructure, this is a must-listen for you.  

To kick things off, let's talk about the Trump administration’s deregulation agenda. This effort is rooted in executive orders aimed at rescinding, modifying, or revising federal regulations that are considered unconstitutional, overly burdensome, or inconsistent with national priorities. 

The primary aim of these orders is to ease the regulatory burden on businesses, encourage economic growth by eliminating perceived obstacles to innovation, and respond to legal challenges stemming from recent Supreme Court decisions.

For business leaders, this shift presents a two-sided coin. On one side, there’s uncertainty. Regulations that businesses have relied on could change overnight, potentially reshaping entire industries. On the other side, opportunities abound. Companies now have a chance to influence regulations during the review process. This is an unprecedented window for organizations to shape the regulatory environment in a way that aligns with their goals. 

The centerpiece of this deregulation effort is the executive order issued on February 19, 2025, titled Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative. It gives federal agencies a 60-day window to identify regulations for review.  

Additionally, agencies are required to work with the Office of Information and Regulatory Affairs to develop an action plan and de-prioritize the enforcement of regulations identified for repeal.  

For businesses, this means it’s time to start assessing which regulations affect your industry. Think creatively about how removing or modifying certain rules might impact your operations or open up new opportunities.

Now, let's shift gears to explore the legal principles steering much of this deregulation agenda. There are three key doctrines in play here that you need to understand as a business leader.  

First up, the Non-Delegation Doctrine.  

This long-dormant doctrine is coming back to life. It challenges the idea of agencies having broad rulemaking authority without clear guidance from Congress. This could potentially limit agencies’ ability to adopt sweeping regulations. 

For example, there’s a pending Supreme Court case concerning the FCC's Universal Service Fund. The outcome could set new boundaries for how agencies make rules. 

Second, we have the Reversal of Chevron Deference.

The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo reversed the longstanding Chevron deference. Agencies can no longer interpret ambiguous statutory language in their favor. Instead, courts must independently evaluate whether a regulation aligns with the best interpretation of the law.  

This creates a double-edged sword for businesses. While it limits agency power, it also invites constant legal challenges.  

And third, the Major Questions Doctrine.

This doctrine requires explicit Congressional authorization for regulations dealing with significant political or economic issues. Several landmark cases, including West Virginia v. EPA and Biden v. Nebraska, have used this doctrine to strike down major government initiatives. 

If your business operates in a highly regulated industry, you need to monitor these legal shifts closely.

So, why does all of this matter in the long term? The combination of recent Supreme Court decisions and the Trump administration’s deregulatory push creates a once-in-a-generation opportunity.  

If businesses engage strategically, this could pave the way for greater innovation, reduced regulatory burdens, and a more competitive economic environment. But if companies remain passive, they risk being blindsided by policy changes, or worse, missing out on key opportunities.  

Thank you for listening to Womble Perspectives. If you want to learn more about the topics discussed in this episode, please visit The Show Notes, where you can find links to related resources mentioned today. The Show Notes also have more information about our attorneys who provided today's insights, including ways to reach out to them.

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