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Ordinarily, the law governing how agencies create regulations the Administrative Procedure Act requires a thirty-day window between when a rule is published in the
Federal Register and becomes “final” and when the rule is formally in effect. One exception to that requirement is the “good cause” exemption.
1 This exemption was invoked frequently in a series of regulations issued late in the Trump administration. So, where does this leave the Biden administration in an effort to reverse any such regulations? And what are the ramifications for those who are regulated? Here, we discuss these questions and how at least one federal court has recently reacted to such an “immediately effective midnight rule.”