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Government,
Environmental & Energy,
Administrative/Regulatory

Oct. 22, 2021

Congressional paralysis equals regulatory whiplash

The cycle of regulatory ping-pong every four or eight years is not new, but it seems especially pronounced (and absurd) today as we see the vice president from two administrations ago now seeking to redo what the last guy undid from what his prior boss did. The realm of environmental regulation is a particularly apt case study.

David C. Smith

Partner
Manatt, Phelps & Phillips, LLP

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"I've got a pen, and I've got a cellphone," President Barack Obama famously proclaimed in 2014 as his strategy to circumvent congressional paralysis. However, just as his predecessors and successors painfully came to know, such enactments are quickly undone -- the next administration also having a pen and, likely, a better cellphone.

The cycle of regulatory ping-pong every four or eight years is not new, but it seems especially pronounce...

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