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This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.
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FACT BRIEF

Do outgoing presidents typically issue a wave of 'midnight regulations'?

By Esther Honig
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YES

Lame-duck presidential administrations, with influence waning in many respects, typically issue a wave of new regulations.

The practice dates back at least 70 years, regardless of administration or party. "President Obama left office with a bang," issuing 41 "economically significant rules" after Nov. 1, 2016, according to researchers at George Washington University. Unlike executive orders, rules pass through a review process that makes them more difficult for the next president to overturn.

New York University's law school is tracking Trump administration rule changes, anticipating environmental and energy policy moves that could frustrate Biden administration goals. If Republicans prevail in the Jan. 5 Georgia runoffs and hold the Senate, the changes will be protected from a law that allowed Republicans to scrap more than a dozen "midnight rules" enacted by the Obama administration.

This fact brief is responsive to conversations such as this one.
Sources
Regulatory Review: Measuring the Obama administration's historic midnight surge
George Washington University: Regulatory Studies Center—Midnight regulations
Science: White House races to complete regulations before Trump exits
New York University: State Energy & Environmental Impact Center—Midnight Watch Project
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Gigafact
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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About fact briefs published on Gigafact
Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.