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166 U. Pa. L. Rev. Online 1 (2017-2018)

handle is hein.journals/pennumbra166 and id is 1 raw text is: ESSAY THE ONE-IN, TWO-OUT EXECUTIVE ORDER IS A ZERO CAROLINE CECOT & MICHAEL A. LIVERMOREt On January 30, 2017, President Donald J. Trump signed Executive Order 13,771, which directs each agency to repeal at least two existing regulations before issuing a new regulation (referred to as the one-in-two-out requirement) and imposes a regulatory budget that sets a cap on total incremental regulatory costs (set at zero for fiscal year 2017).1 The regulatory budget concept has been kicked around for decades, while the one-in-two-out requirement is more recent and has been implemented in Canada, the United Kingdom, and Australia to various extents.2 Legal scholars and commentators have been quick to opine on the Order, with some pointing out ways in which t Caroline Cecot is Affiliate Faculty at Antonin Scalia Law School at George Mason University. Michael A. Livermore is Associate Professor of Law at University of Virginia School of Law. We thank Richard Revesz and Jason Schwartz for their comments and Sara Savarani for excellent research assistance. 1 Exec. Order No. 13,771, 82 Fed. Reg. 9,339 (Feb. 3, 2017). 2 We discuss these requirements in Parts L.A and IV. (1)