Businesses Seek Preemption and Safe Harbors to Preclude Regulation
The New York Times reported this week that “[c]orporate executives, trade associations and lobbying firms have begun to recalibrate their strategies,” anticipating a potential transition in Washington and the implications for business regulation.
Examples include businesses seeking to reduce family and medical leave for employees, energy companies seeking relaxed pollution-control requirements, trucking companies seeking to narrow safety laws that restrict the number of hours truckers may drive each day, and automakers seeking less stringent vehicle safety requirements.
Because the Supreme Court has restricted incoming Administrations from reversing final regulations promulgated under their predecessors, regulations emerging over the next year will remain in place until the next Administration undertakes new formal rulemaking processes, which can last several years.