Jeff Clark, the acting head of the White House’s regulatory hub, may have overstayed his welcome, a move that could jeopardize the Trump administration’s deregulatory agenda.
Public Employees for Environmental Responsibility claims Clark’s role as acting administrator of the Office of Information and Regulatory Affairs now runs afoul of the Federal Vacancies Reform Act. If Clark’s appointment is deemed invalid, his actions in office — and many of the Trump administration’s regulatory rollbacks — could become vulnerable in the courts.
The law allows an acting official to serve in a Senate-confirmed position for 300 days after a president’s inauguration while a nomination is pending. President Donald Trump has not yet nominated a head for OIRA and that time period lapsed last weekend, PEER claimed in a letter dated Tuesday addressed to Office of Management and Budget Director Russ Vought.
“Mr. Clark now is doubly illegitimate — he lacks the required qualifications and has now overstayed the allowable time period,” said Tim Whitehouse, PEER’s executive director, in the letter.
The Trump administration rejected the nonprofit watchdog group’s argument.
“This letter is completely wrong,” said OMB spokesperson Rachel Cauley.
Cauley said Vought designated the position of “first assistant” to the associate administrator on Feb. 12 so when Clark was appointed to that position on March 3, by law, he became the acting administrator at OIRA. The first assistant automatically serves as the acting head under the Vacancies Act.
“Further, they have not read the statute, as it clearly states the last day of the vacancy expiration is calculated as today,” Cauley said.
PEER requested Vought tell Clark to stop using his acting title and not serve as the de facto leader of OIRA. Moreover, the letter asks Vought to withdraw Clark’s “legal, regulatory, and other decisions” that were made with “his improper title.”
“If these actions are not taken PEER will consider appropriate litigation,” Whitehouse said in the letter.
It doesn’t look likely that Vought will follow up on that request.
“Jeff Clark is one of the most brilliant regulatory and administrative legal minds of our generation and his effectiveness at disrobing the Green New Scam and radical left make these groups shake in their boots — even groups no one has ever heard of,” Cauley said.
PEER sent a similar letter to the Interior Department last month, alleging four senior officials there had violated the vacancies law for improperly using “acting” titles.
The first Trump administration was also swamped with questions over acting officials. Several of the president’s nominees failed to move through the Senate, and legal challenges multiplied against his temporary office heads.
In 2020, a federal judge ruled William Perry Pendley, whose nomination to head the Bureau of Land Management was withdrawn, was illegally running the agency. In turn, lawsuits flooded in against the administration, challenging moves Pendley made when he was in charge of BLM.
Clark has been active while heading the White House regulatory office.
He has approved changes to Endangered Species Act rules, PEER cited in their letter to Vought. In addition, last month, Clark authored new guidance for agencies to speed up regulatory rollbacks, a top priority for the administration.
Earlier this year, Clark emerged as Trump’s expected choice to lead OIRA.
Clark was a controversial pick since he has been accused of helping Trump undermine the 2020 presidential election results while he served at the Justice Department. Earlier this month, Clark received a pardon from Trump, which could end some of his legal troubles related to the 2020 election.
Peter Jenkins, senior counsel at PEER, said in a statement that Vought fired tens of thousands of “legitimate federal civil servants” and now he also must fire “the illegitimate” acting head of OIRA.
“Violating FVRA and taking detours around the U.S. Senate’s advice and consent role in the Constitution are rampant across several federal agencies,” Jenkins said. “We aim to stop it.”
Reporter Pamela King contributed.
Contact this reporter on Signal at KevinBogardus.89.
