Most analysts would credit this to "midnight regulation
," the outgoing White House's attempt to issue rules it favors before leaving office, especially when the incoming administration is from the opposing political party.
Ajit Pai, the successor to Wheeler and current head of the regulatory commission in the Donald Trump administration, said the decision to give the go ahead to companies providing low-cost internet was an example of a "midnight regulation
" passed in the lame duck session.
(107) According to the letter, the FDA, in anticipation of the changing administration, planned to push through a number of measures highly favorable to drug companies "in record time." (108) Furthermore, the FDA timed the publication of the final version of the Guidance during President Bush's last week in office, creating the appearance that it was passing a midnight regulation
Ezrati noted that in California in particular Bulletin 95-1 had been criticized as a "midnight regulation
"; although characterized as a discussion draft, many people (both in and out of government) had interpreted the bulletin as a regulation.
In other words, is there a "twilight" before the midnight regulation
Administrative-law scholars and the media have termed this practice midnight regulation
. (1) Midnight-regulation scholarship posits that the motives surrounding the practice are largely political, (2) and recent incoming presidents have confronted the practice by suspending unfinished midnight rules upon taking office for similar political reasons.
is the term of art for the spike of new regulations promulgated between the election of a new president and Inauguration Day.
Recently, another of my Mercatus colleagues, Anthony Davis from Duquesne University, and I took a second look at the existence of the midnight regulation
Forest Service (USFS) promulgated a midnight regulation
that permanently prohibited "road construction, reconstruction, and timber harvest in inventoried roadless areas," which comprise approximately one third of the 192 million acre national forest system.
One prominent Clinton midnight regulation
, the "roadless rule," would have imposed a blanket ban on roads in some national forests.