Category:Regulation
Executive Order 14216: What it Means for the Regulatory State
On February 18, 2025, President Donald Trump signed Executive Order 14216, titled “Ensuring Accountability for All Agencies,” mandating that independent federal agencies route their rules and new actions through the Office of Management and Budget (OMB). The order aims to enhance presidential oversight over agencies that traditionally operate with a degree of autonomy, like as the Federal Trade Commission (FTC), Securities and Exchange Commission (SEC), and Federal Communications Commission (FCC). The order signifies a substantial shift in the dynamics of the American regulatory state.
Effects of Ongoing Deregulation Under the Trump Administration: DOGE and the Congressional Review Act
Congressional Republicans have faced growing public pushback in early 2025, even from their own voters, regarding their collective inaction as the Trump administration has continued to consolidate power in the executive branch. At the same time, Congressional Republicans have faced increased pressure from the Trump administration, and Speaker of the House Mike Johnson, to continue to gut regulations and deliver President Trump’s corporate-focused agenda. One method that experts expect Republican lawmakers to utilize in addressing these pressures is the Congressional Review Act (CRA). The CRA allows Congress to repeal recently issued final regulations with only a narrow majority, which could thus lead to harmful deregulation that will likely compound the deregulatory actions already seen by Elon Musk’s Department of Government Efficiency (DOGE).
Curbing Censorship: The Constitutional Challenges of Addressing Social Media Moderation
At a time when online spaces have become central for news, connection, and the exchange of ideas, the balance between free speech and content moderation is more important than ever. In recent months, there have been rising concerns over potential government censorship and the proliferation of misinformation, especially on social media. The lack of transparency in the tech industry makes this issue uniquely tricky, as each platform’s distinct algorithms are largely proprietary. However, many users feel that their voices are being silenced based on the nature of the content they are releasing. The possibilities for remedying these concerns are limited, as the First Amendment expressly protects private companies from government censorship (including the requirement that they host specific content), but there are several potential paths forward that could have far-reaching implications for the future of social media content moderation.
Chicago’s Low-Income Housing Trust Fund at a Crossroads: Leadership, Equity, and an Uncertain Future
On February 11, the Chicago City Council Committee on Housing and Real Estate delayed approval of the appointment of eight board members to oversee the city’s low-income housing trust fund. The vote was postponed due to concerns about the lack of Black representation on the board and among the appointees, particularly from the South and West sides. For decades, Chicago has grappled with the challenge of providing affordable housing to its poorest residents. The Chicago Low-Income Housing Trust Fund (“Trust Fund”), established in 1987, has been a crucial force in addressing this need. The Trust Fund was created through a City Council ordinance and supports low-income residents—those earning at or below 50% of the city’s median income—by funding rental subsidies and housing programs.
Will California’s Anti-Price-Gouging Measures be Effective in the Wake of Wildfires?
In response to the January 2025 wildfires that have burned through Los Angeles County (L.A. County), California Governor Gavin Newsom issued numerous executive orders including Executive Order N-9-25, which extended renter protections against price gouging on hotel and motel rates, as well as rental housing prices across the county. Around 12,000 homes and buildings have been destroyed in the fires, leaving behind a worsening shortage of affordable housing for Los Angeles residents. To make matters worse, as the housing supply in L.A. County has suffered, there have been reports of price gouging on rent and housing costs by landlords and property owners. California law protects residents from price gouging following a natural disaster through a 10% cap on price increases. Thus, tenants’ rights advocates have called for strict enforcement against those who impose excessive price increases in violation of this regulation.
Trump’s New Administration Puts ESG on the Chopping Block
Over the past decade, Environmental, Social, and Governance (ESG) considerations have become an integral part of the corporate compliance landscape. The term captures a wide range of issues, including sustainable investing, equitable board composition, climate change efforts, shareholder rights, executive compensation, and diversity, equity and inclusion (DEI) programming. Amidst its growth in prominence, ESG has been hotly debated in recent years, with an energetic anti-ESG movement taking hold in conservative circles. The politicization of ESG made it a major issue in the 2024 presidential race, and as a candidate, President Trump promised to dismantle its regulatory framework if elected. Now in the early days of his administration, he has begun to act on those promises, laying the groundwork for his administration’s regulatory agenda and signaling his priorities for the next four years.
Major Regulatory Rollbacks Expected from Trump’s New SEC
With the return of the Trump Administration looming large, rumors of possible regulatory appointments are already swirling. One federal agency that will undoubtedly see major changes with the transition of power is the Securities and Exchange Commission (SEC), the authority responsible for regulating the securities market and protecting investors. With the shift in presidential administration coupled with significant GOP gains in the House and Senate, analysts have begun to speculate on how agency leadership and staffing changes will impact securities policy and rulemaking, and what the rest of the country can expect from the markets over the next four years.
CrowdStrike’s Setback: A Blueprint for Better Third-Party Risk Compliance
Earlier this year, CrowdStrike, a leading cybersecurity company, experienced a major outage caused by an automatic software update. This incident disrupted services globally, affecting over 8.5 million devices, including critical sectors such as healthcare and financial services. As businesses increasingly rely on third-party vendors for cybersecurity, this outage underscores the importance of managing third-party risks and ensuring digital resilience. Organizations can use this event as a valuable lesson to reassess their risk management practices and strengthen their defenses. Furthermore, the incident reveals how even highly reputed vendors are not immune to failure, stressing the need for layered defenses that safeguard against vendor disruptions at every level.
South Carolina’s Archaic Liquor Laws and Insurance Regulations
For many Americans, turning twenty-one means the end of alcohol regulations. However, for the people of South Carolina, that is not always the case. Hosting a Sunday brunch and need last-minute liquor supplies? Stores are closed. Need to make a quick stop at the liquor store for your weekend festivities after work? If it is after 7 p.m. that is not possible. South Carolina’s archaic alcohol regulations have frequently been a topic of concern for businesses, individuals, and the government. Many believe that the Alcoholic Beverage Control Act, the source for these laws, should be amended to mirror other states with less stringent laws regarding the sale of alcohol. Even more recently, the insurance liabilities imposed on sellers of alcohol in South Carolina have increased, leading to the closure of many businesses. If these regulations do not change in the coming years, the South Carolina legislature is likely to see increasing violations of these regulations or an increase in the number of small businesses closing.
Bars and Barriers: DHS Proposed Rule Permits Application of Mandatory Bars During Credible Fear Screenings
On May 13, 2024 the Department of Homeland Security (“DHS”) issued a notice of proposed rulemaking which would allow asylum officers (“AOs”) to consider the applicability of certain mandatory bars to asylum and statutory withholding of removal during credible fear screenings. The proposed rule has garnered significant support and opposition from several groups and organizations, but it marks an unprecedented change to the asylum-seeking process that could create additional barriers to relief for asylum seekers.