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Has the Trump administration lost more than 80% of legal challenges to its regulatory changes?

Monday, December 14, 2020
By Allegra Taylor
YES

The Trump administration has so far prevailed in 17% of legal challenges to regulatory rule changes it has made while in office.

New York University Law School's Institute for Policy Integrity reports that the administration has won 28 of 165 challenges, keeping newly-revised regulations in place. In the 137 other cases, courts either ruled against the agency involved or the agency withdrew the action after being sued. Of 102 actions related specifically to environment, energy and natural resource policies, the agencies won 19% of challenges. On immigration matters, the administration has prevailed once in 20 challenges.

A study published in the Virginia Law Review in 2010 found that the average rate of success for federal agencies in such regulatory lawsuits was 69%.

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