Accelerating deregulation: What OIRA’s new guidance means for businesses

The Office of Information and Regulatory Affairs (OIRA), a division of the Office of Management and Budget (OMB) in the Executive Office of the President, issued a memorandum titled “Streamlining the Review of Deregulatory Actions.” Published on October 21, 2025, the memorandum provides guidance to agencies “as to how to bolster, streamline, and speed both (1) the deregulation of facially unlawful prior government regulation and (2) those types of deregulatory activity that will continue to require the development of more extensive agency record-building.”

The memorandum also establishes shortened presumptive timelines and guidance for review by OIRA of agencies’ deregulatory actions. For regulated companies, the new memorandum presents both opportunities and risks.

In this alert, we outline the deregulatory approach, its implications for businesses, and key considerations.

President Donald Trump’s deregulatory approach

President Donald Trump introduced a deregulatory agenda his first term by establishing a “one-in, two-out” rule under Executive Order (EO) 13771. The EO, titled “Reducing Regulation and Controlling Regulatory Costs,” required agencies to repeal two regulations for every new one. Early in his second term, President Trump intensified this approach with EO 14192, titled “Unleashing Prosperity Through Deregulation,” which mandates the elimination of ten regulations for each new regulation issued. He also issued EO 14219, titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative,” directing agencies to identify and rescind, among other things, unconstitutional regulations or those imposing undue burdens. Later, a Presidential memorandum, titled “Directing The Repeal Of Unlawful Regulations” ordered agencies to review and remove regulations that are deemed unlawful under recent Supreme Court precedent.

OIRA’s recent memorandum builds on these policy imperatives as described below.

Key highlights from the OIRA memorandum

• Reduces OIRA’s presumptive review periods to 28 days for most deregulatory actions and 14 days for “facially unlawful” rules
• Instructs agencies that they may assume that compliance with certain EOs imposing regulatory hurdles is not required when they seek to deregulate
• Directs agencies to review their regulations, identify any unlawful regulatory requirements, and repeal facially unlawful regulations under the “good cause” exception to notice and comment under the Administrative Procedure Act (APA)
• Provides guidance to agencies for determining whether a regulation is unlawful
• Encourages agencies to consult with OIRA to determine when quantitative or qualitative cost-benefit analysis is required to support deregulatory action

Implications for businesses

The streamlining of deregulatory actions presents both risk and opportunity for regulated industries. Businesses are encouraged to:

• Act quickly: Agencies are moving fast; timely business input may influence outcomes and shape the regulatory landscape
• Advocate proactively: Provide compelling data and sector-specific insights to help agencies prioritize rule removal and support key deregulatory actions
• Position strategically: Engage early to secure competitive advantages as the regulatory landscape evolves

How DLA Piper can help

DLA Piper can help businesses capitalize on this policy initiative through agency-specific regulatory counseling, administrative law litigation, and strategic advocacy for businesses seeking to ease regulatory burden. This includes:

Analyzing potential candidates for deregulation

• Identifying regulations impacting businesses that might meet OIRA’s criteria for repeal
• Evaluating facial unlawfulness, cost-benefit imbalance, and administrative burden
• Preparing legal memoranda to shape agency determinations and strengthen the record in support of organizational interests

Advocating and engaging

• Drafting submissions to agencies explaining why specific rules should be repealed or maintained
• Providing data-driven arguments on economic and operational impacts
• Leveraging DLA Piper’s Government Affairs and Public Policy team to build momentum and identify key opportunities

Monitoring and responding

• Tracking agency actions daily and alerting businesses to engagement opportunities
• Delivering timely summaries of deregulatory developments

Developing and implementing a litigation strategy

• Advising on potential challenges where agency efforts to deregulate have unintended or indirect consequences
• Affirmatively challenging agency actions through litigation when necessary

Leveraging global reach

• Navigating complex frameworks across jurisdictions to maximize opportunities for global operations

Key takeaways

• New Trump Administration guidance fast-tracks agency deregulation efforts
• Businesses have an opportunity to engage agencies and advocate for regulatory changes that align with their priorities
• DLA Piper can help lead the conversation, ensuring organizational interests are represented in the fast-moving environment

Learn more

For more information on APA considerations and deregulation potential, please contact Partners Samantha Chaifetz, Josh Gardner, and Brandon Rios (all Washington, DC).

For more information on government affairs strategies, please contact Partners Karina Lynch and Steven R. Phillips (all Washington, DC).