In a win for the White House, a D.C. federal judge dismissed a complaint filed by several public interest groups that challenged President Trump’s executive order requiring that two federal regulations be repealed for every new regulation that is promulgated. The lawsuit was dismissed on standing grounds, with the court rejecting the public interest groups' argument that they had both “associational” and “organizational” standing.
The district court rejected the public interest groups' claim that they had standing because the executive order would unlawfully force federal agencies to delay or scrap rules that protect the groups' concrete interests. The court also rejected the public interest groups' claim that the executive order impinges on the groups' advocacy efforts by forcing them to choose between advocating for new regulations at the cost of losing other beneficial rules. Instead, the court found that the public interest groups had not sufficiently identified particular members who would be harmed. The court also found that the interest groups had not offered any evidence as to whether they had declined or were imminently likely to decline to advocate for a new rule because of the executive order.
The court is still evaluating whether to give the groups leave to amend their complaint or whether the lawsuits should be dismissed outright. Please click here to read the opinion.