Lexology April 24, 2024
Introduction
The upcoming election, and the approaching end of the President’s four-year term, introduce additional dynamics into the agencies’ rulemaking process and even the guidance process. From now through the November election, the Biden administration will be increasingly focused on pushing forward policies that fulfill campaign promises and achieve important policy priorities, while potentially being more circumspect about whether, and when, to issue policies that may be controversial. During an election year, the White House, through the Office of Management and Budget (OMB) and the Office of Information and Regulatory Affairs (OIRA), typically takes a stronger hand in determining how to balance agencies’ priorities, and how to manage the limited resources and timeline for issuing final rules (as well as...
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