Biden Pushing Unprecedented Regulatory Agenda In 2024
Biden Pushing Unprecedented Regulatory Agenda In 2024

In anticipation of the upcoming election, the Biden Administration is promulgating regulatory actions at a record pace.

The Biden Administration seeks to implement unprecedented levels of government regulation in 2024. Federal agencies are promulgating new regulations at breakneck speed, continuing to expand the already bloated Federal Register. Some of these rules include an EPA rule forcing more industries to report greenhouse gas emissions and making the reporting process timely and extensive, or allowing union organizers to accompany OSHA officials in their inspections of workplaces they are not employed in, a policy pushed by Big Labor.

Already in the first five months of this year, the Federal Register has grown to 43,431 pages, on pace to reach a whopping 111,936 pages by the end of the year. With close to 5,000 final and proposed regulations expected by the end of the year, President Biden’s regulatory ambitions are unmatched. Even compared to previous years in the same administration, with 90,402 pages in 2023, 80,756 in 2022, and 74,352 in 2021, Biden has been out-doing himself. Biden’s administration will most likely surpass President Obama’s record of 95,894 pages in 2016 this year. In contrast, President Trump holds the record for lowest rule count in the Federal Register since this metric began being measured about 50 years ago.

Along with implementing this unprecedented regulatory regime, the Biden Administration is attempting to skirt oversight accountability by redefining what constitutes a “significant rule.” Going forward, a regulatory action will only be considered “significant” if its purported cost exceeds $200 million (up from $100 million). This means that many and consequential rules will pass through the rule-making process with less scrutiny.

Biden intends to push through as many regulations as possible before the November election. Whether the Supreme Court’s upcoming decision in Loper v. Raimondo will have an impact in reigning in this unprecedented abuse of agency authority remains to be seen.

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