President Donald Trump has signed an executive order urging federal agencies to prioritize civil over criminal enforcement of regulations. This move reflects a growing shift in regulatory enforcement tactics under the Trump administration aimed at curtailing the power of federal agencies. According to the order signed on May 9, agencies should also avoid the use of “strict liability” standards, which can result in violations being imposed irrespective of a violator’s intent.
The concept of strict liability, characterized by penalties being imposed without the need to prove intent or negligence, is criticized in the order for being overwhelming and complex for the average citizen. The Code of Federal Regulations is described as more extensive than any citizen can be expected to read and fully understand.
This executive order aligns with the views of those who supported the US Supreme Court’s ruling in the Loper Bright v. Raimondo case of 2024, which similarly scrutinized federal agency enforcement power. The practice of using criminal penalties as a standard regulatory tool has faced increasing opposition from certain legal and political circles in recent years, and this order represents a continuation of that trend.
For additional details, readers can explore the article on Bloomberg Law.