July 07, 2020

In Brief

John R. Jacus

Administrative Procedure Act, standing

California v. Trump, No. CV 19-960 (RDM), 2020 WL 1643858, 2020 U.S. Dist. LEXIS 58154 (D.D.C. Apr. 2, 2020).
The U.S. District Court for the District of Columbia dismissed a lawsuit challenging an Executive Order by President Trump that requires federal agencies to repeal two existing rules for each new rule promulgated. Petitioners, the states of California, Minnesota, and Oregon, argued that the order delayed or resulted in several new rulemakings that would likely cause the petitioners various alleged environmental and fiscal harms. The court found that the petitioners failed to establish a causal connection between the failure to engage in formal rulemaking and the substantive decisions at issue, and therefore failed to show that the Executive Order caused the relevant agency actions or failures to act. The court dismissed the suit for lack of standing.

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