FACT BRIEF

Do outgoing presidents typically issue a wave of 'midnight regulations'?

Sunday, November 22, 2020

By Esther Honig

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YES

Lame-duck presidential administrations, with influence waning in many respects, typically issue a wave of new regulations.

The practice dates back at least 70 years, regardless of administration or party. "President Obama left office with a bang," issuing 41 "economically significant rules" after Nov. 1, 2016, according to researchers at George Washington University. Unlike executive orders, rules pass through a review process that makes them more difficult for the next president to overturn.

New York University's law school is tracking Trump administration rule changes, anticipating environmental and energy policy moves that could frustrate Biden administration goals. If Republicans prevail in the Jan. 5 Georgia runoffs and hold the Senate, the changes will be protected from a law that allowed Republicans to scrap more than a dozen "midnight rules" enacted by the Obama administration.

This fact brief is responsive to conversations such as this one.

Sources

Regulatory Review: Measuring the Obama administration's historic midnight surge

George Washington University: Regulatory Studies Center—Midnight regulations

Science: White House races to complete regulations before Trump exits

New York University: State Energy & Environmental Impact Center—Midnight Watch Project

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