Experts expect President-elect Donald Trump to attack federal agencies and regulations of the Biden era after campaigning on deregulation of the administrative state.

“The first thing is that from day one of (Trump’s) presidency, we will see a lot of executive orders that will direct agencies to review administrative regulations to determine whether they should be retained, modified or repealed,” Robert Glicksman said. JB and Maurice C. Shapiro, professor of environmental law at George Washington University Law School, told Fox News Digital.

Mark Chenoweth, president of the New Civil Liberties Alliance, particularly highlighted the Biden-era regulations, saying they could be about to end up on the chopping block once Trump takes office, telling Fox News Digital : “The Biden administration did a lot of things that lacked statutory authority. completely.”

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Chenoweth noted that the Biden administration has already been the target of lawsuits over its regulations and said that if Trump adopts these regulations, “I think they will be very successful.”

Trump has already signaled his intention to reduce the power of federal agencies and reduce the flow of federal dollars. The president-elect also announced that he had named Elon Musk and Vivek Ramaswamy to head the Department of Government Effectiveness (DOGE).

The entity will act as an advisory committee, not a government agency, and will aim to suggest ways to dismantle government bureaucracy and restructure federal agencies to reduce costs and improve efficiency, according to the Trump’s transition team.

Experts expect right-wing President-elect Donald Trump to attack federal agencies and legislation after campaigning on deregulation of the administrative state. (Stephen Maturen/Getty Images)

Regarding DOGE, Glicksman said the Trump administration will “certainly take seriously” DOGE’s advice on “reducing regulations, streamlining executive agencies, or even eliminating some agencies.”

Chenoweth and Glicksman said they could foresee labor regulation becoming a focus in January. Glicksman said climate change and environmental regulations could also be criticized.

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“In the labor area, because (the Biden administration has) been so radical, they have gone way beyond what statutory authority has been given to the NLRB or the Department of Labor with much of this that they did. So that’s one area that I could predict,” Chenoweth said.

President-elect Donald Trump announced that Elon Musk, left, and Vivek Ramaswamy, right, would lead the Department of Government Effectiveness on Tuesday, November 12, 2024. (Getty Images)

Likewise, the United States Supreme Court decided to overturn the Chevron doctrine in June of this year in its Loper Bright decision. The doctrine previously showed deference to an agency’s interpretation of a federal regulation. In its decision, the Supreme Court effectively curtailed administrative power by holding that “courts must exercise their independent judgment in deciding whether an agency acted within its legal authority.”

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Chenoweth, whose organization has advocated on the issue, applauded Loper Bright’s decision, saying it “amounts to empowering Congress rather than administrative agencies.”

“Over the last 40 years, the administrative state has developed through this ability, as it were, to write laws and create laws itself when there is a gap or ambiguity in the law,” Chenoweth said. “Now they’re not really going to be able to do that. And so it’s going to send it back to Congress if we need reform in an area or new legislation.”

Glicksman, however, said Loper Bright might instead “boomerang” at the Trump administration.

“If Chevron had remained in force, it would have been the Trump administration’s initiatives that would receive deference to Chevron, but that is no longer the case,” Glicksman said. “It is therefore possible that courts will more rigorously review or scrutinize the Trump administration’s administrative law initiatives than they would have if Loper Bright had not gone to trial.”

The United States Supreme Court decided to overturn the Chevron doctrine in June of this year in its Loper Bright decision. (Getty Images)

Glicksman said he could foresee such legal challenges this takes place specifically within the Fifth Circuit Court of Appeals, which notably tends to be conservative in its rulings. Likewise, Glicksman predicts Democratic-led challenges will appear in the Ninth and D.C. circuits.

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“I think you’ll see blue states led by California challenging these regulations, probably starting with the Ninth Circuit and the D.C. Circuit, which are more friendly to agency authorities than the Fifth Circuit and some other circuits. You’ll see therefore a distortion of litigation,” Glicksman said.

Chenoweth said that because so many Biden-era regulations “are so lacking in authority,” the circuit in which the lawsuit is filed may very well not make much difference.