A Regulation Trump Promises to Cancel


Donald Trump promises to eliminate — on day one — a regulation that his own presidential administration implemented.

On January 22, 2024, Donald J. Trump said this at a rally in New Hampshire.

(Starting at 44:27)
You know, Biden wants to put a license fee on fishermen. Can you [inaudible 00:44:31]? I hear it’s $700 a day and I know nothing about fishing and costs, but I know that $700 a day, that’s a lot of fish. They want to put on a $700 fee. I’ll get rid of it my first day, okay? I’ll get rid of it.

(See Donald Trump Holds Final Rally Before N.H. Primary Transcript)

This pledge stems from Trump’s early administration policy of deregulation. The situation he mentioned is the subject of the case Loper Bright Enterprises v. Raimondo. It is pending before the U.S. Supreme Court and holds potential to reshape the federal regulatory landscape. It’s an important case, with over 40 amicus briefs accepted by the court.

Whatever the merits of the case, Donald Trump has promised to eliminate — on day one — a regulation that his own presidential administration implemented.

Originally, the case was Loper Bright Enterprises, Inc. v. Wilbur L. Ross, Jr. (1:20-cv-00466), filed in district Court, District of Columbia on February 19, 2020 (Docket is here). At that time, Ross was Secretary of Commerce in the Trump administration. Following are excerpts from the plaintiff’s initial filing.

20. Defendant WILBUR L. ROSS, JR. is the Secretary of the United States Department of Commerce. He is sued in his official capacity as the chief administrator of the federal agency charged with managing United States marine fisheries. He also is sued in his capacity as the government official who gave final approval to both the fishery management plan amendments and implementing regulations at issue in this lawsuit.

In this case, the defendant is the Trump administration official who approved the regulation that is the subject of this suit.

97. On February 7, 2020, Defendants published the final rule implementing the Omnibus Amendment with an effective date of March 9, 2020. … Certain measures specific to the herring fishery are scheduled to become effective on April 1, 2020.

The regulation was approved and scheduled to take effect in early 2020.

100. The Final Rule acknowledges that “[i]ndustry-funded monitoring w[ill] have direct economic impacts on vessels issued Category A and B permits participating in the herring fishery,” including estimated costs of $710 per sea day for monitors, as well as an overall reduction to “returns-to-owner” or “RTO” (effectively, profits) of “approximately 20 percent.”

The suit alleges the regulation is costly. It uses nearly the same costs that Trump used in his speech cited above.

Presently, the case is titled Loper Bright Enterprises, Inc. v. Gina Raimondo and is pending before the U.S. Supreme Court, with oral arguments heard on January 17, 2024.


Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.