Bringing Guidance Out of Darkness Executive Order Sheds Light on Rarely Seen Regulatory Abuse

WASHINGTON DC (October 10, 2019) – Today, Thomas Pyle, President of the American Energy Alliance, issued the following statement in support of the “Bringing Guidance out of the Darkness” executive order signed by President Trump.

“Only Congress has the ability to make laws. Unfortunately, Congress has abdicated its responsibility to update our existing energy and environmental laws, while unelected bureaucrats have been filling the void by abusing the regulatory process to circumvent inaction from Congress. This executive order strengthens our existing rules and restore checks and balances system which many Americans and businesses have lost faith in.

President Trump should be commended for putting a stop to these abusive regulatory maneuvers, which often take place behind closed doors and falsely imply the rule of law. Every American and every industry deserves an open, fair and structured process when dealing with their government.”

This executive order effectively stops the use of guidance documents used by federal agencies to inappropriately imply authority in attempts to legislate by regulation without following the rulemaking procedures of the Administrative Procedure Act (APA).

America’s energy industry is no stranger to this abusive practice and the “Bringing Guidance out of the Darkness” Executive Order is squarely aimed at stopping agencies from sidestepping the legislative process. Even when accompanied by a non-binding disclaimer, a guidance document may carry an implicit threat of enforcement action if the regulation (or guidance) is not adhered to which creates uncertainty and a costly business environment.

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