Executive Order 13422

Kelley Drye Client Advisory

On January 18, 2007, President Bush signed Executive Order 13422 (“the EO” or the Order”), which promises changes to the Federal agency rulemaking process, and to Federal agency guidance in particular. The EO has sparked concern that the White House has increased its control over the agencies and their rulemaking process, thereby increasing the Administration’s control over the domestic government. See Bush Directive Increases Sway on Regulation” New York Times, January 30, 2007. This advisory discusses the Order, the possible effects it may have on agency rulemaking and guidance practices, and the potential ramifications for clients.