,

Executive Orders: Environmental Industry Perspective

SUMMARY:  Executive Orders

  1. Executive Order on Declaring a National Energy Emergency –

Declares a national emergency due to inadequate domestic energy production, transportation, refining, and generation capacity, impaired by prior policies. Emphasizes the need for domestic energy development to bolster national and economic security, lower energy costs, and reduce foreign dependency.  Includes uranium as a critical energy resource, emphasizing domestic production and refining.  Key directives and actions include:

  • Agencies to facilitate development, leasing, production, transportation, and refining of domestic energy resources, including emergency authorities under the Defense Production Act.
  • EPA to issue waivers allowing year-round sale of E15 gasoline to address supply shortfalls.
  • Expedite energy infrastructure projects nationwide, with a focus on critical regions (West Coast, Northeast, and Alaska)… this could accelerate much needed grid upgrades in several regions.
  • Army Corps of Engineers to use emergency permitting for energy-related projects.
  • Agencies to apply emergency consultation provisions under the Endangered Species Act and convene the Endangered Species Committee at least quarterly.
  • Departments to submit detailed reports on progress within 30 days and continue updates every 30 days during the emergency.
  1. Executive Order on Unleashing American Energy –

Revokes numerous climate and clean energy-related executive orders from the previous administration. Focuses on deregulating domestic energy production, including nuclear and fossil fuels, while revising environmental regulatory processes. Key directives and actions include:

  • Revokes 12 existing climate and environment-focused executive orders, including those promoting clean energy, EV mandates, and the American Climate Corps.
  • Highlights nuclear energy and uranium as energy independence and national security priorities.
  • CEQ to streamline NEPA guidelines within 30 days to expedite permitting processes. Some environmental groups will initiate lawsuits after new guidelines are released.
  • EPA to reassess and potentially eliminate the “social cost of carbon” from regulatory decisions and disband the Interagency Working Group on Social Cost of Greenhouse Gases and revoke all associated guidance and reports. [Obama Administration had been using $35-$40 per ton of CO2.]
  • No explicit restrictions on international nuclear cooperation or trade with US allies, but this activity will continue, particularly among NATO allies.
  • Agencies to identify and revise regulations that hinder domestic energy production, particularly oil, gas, coal, hydropower, biofuels, nuclear energy, and critical minerals, within 30 days.
  1. Executive Order on Unleashing Alaska’s Extraordinary Resource Potential –

Directs maximizing resource development on federal and state lands in Alaska. Reverses restrictions on energy and resource projects from prior administrations. Focuses on advancing the Alaska LNG project and addressing infrastructure needs.  Primarily focuses on LNG and mineral development, with no direct mentions of nuclear energy or uranium.  Key directives and actions include:

  • Rescind leasing moratoriums and initiate new leasing in the Arctic National Wildlife Refuge (ANWR) and National Petroleum Reserve-Alaska (NPR-A).
  • Reinstate prior environmental reviews and decisions for Arctic and NPR-A projects.
  • Expedite infrastructure for Alaska LNG pipelines and export facilities, with priority on Pacific region trade.
  • Review and potentially rescind Public Land Orders affecting Alaska Native selections and subsistence uses.
  • Agriculture Department to reassess Roadless Rule restrictions in the Tongass National Forest.
  1. Memorandum on Temporary Withdrawal of Offshore Wind Leasing and Review –

Lays out a temporary moratorium on new offshore wind leasing. Orders a comprehensive review of wind energy leasing and permitting practices, citing environmental and economic concerns.  Key directives and actions include [Many of these will trigger lawsuits.]  :

  • Withdraw all Outer Continental Shelf areas from wind energy leasing starting January 21, 2025.
  • Interior Department to review existing offshore wind leases and assess their termination or amendment.
  • Agencies to halt all permits, leases, and rights of way for onshore and offshore wind projects pending review.
  • Conduct environmental and cost assessments of defunct windmills and recommend removal strategies.
  • Interior to review the Record of Decision for the Lava Ridge Wind Project for alleged legal deficiencies.
  1. Executive Order on Putting America First in International Environmental Agreements –

Withdraws the US from the Paris Agreement and other international environmental commitments under the UN Framework Convention on Climate Change (UNFCCC). Shifts focus to prioritizing US economic interests in international energy policy.  Key directives and actions include:

  • Notify the UN of the US withdrawal from the Paris Agreement, effective immediately [expected].
  • Revoke financial commitments and rescind US International Climate Finance Plan.
  • Withdraw from other UNFCCC-related agreements and cease associated funding.
  • Departments and agencies to revise policies to ensure international agreements align with US economic efficiency and national interests.
  • Indirectly may influence international nuclear cooperation by prioritizing US economic advantage in energy agreements.

Note: Adapted by EBJ editors from a summary by Robert E. Sweeney, Co-Founder & Head of Energy and InfrastructureL

Lee Zeldin Confirmed for EPA
The Senate confirmed former New York Rep. Lee Zeldin as the next administrator of the Environmental Protection Agency in a bipartisan vote, setting up the Trump administration’s de-regulatory agenda. Zeldin, 44, was confirmed in a 56-42 vote, with Sen. John Fetterman of Pennsylvania and Arizona Sens. Mark Kelly and Ruben Gallego as the three Democrats voting in favor of his nomination. As administrator, Zeldin is likely to support Trump’s goals of walking back numerous rules implemented by the previous administration. He is expected to take aim at the EPA’s power plant pollution rule, which went into effect in July 2024 and targets carbon pollution from power plants to curb greenhouse gas emissions. The rule orders all operating coal plants and new natural-gas fired plants to reduce their emissions by 2032 by using carbon capture and storage technologies. Zeldin is also expected to undo fees on methane emissions from oil and gas facilities that exceed certain thresholds as well as EPA emission standards for vehicles that have been labeled an “EV mandate.”  During his confirmation hearing last week, Zeldin insisted the EPA “must be better stewards of tax dollars, honor cooperative federalism, and be transparent and accountable to the Congress and the public.”

Freeze funding from the Inflation Reduction Act and Infrastructure Investment and Jobs Act
Certain funding disbursements from the two laws, which have provided millions of dollars for recycling and waste related initiatives, are on pause pending a 90-day review of spending recommendations, according to an executive order.  A clarification from the Office of Management and Budget stated that agency heads may disburse certain funds after consulting with its office. Tax credits appear to be unaffected by the pause. In an email, an EPA spokesperson declined to comment directly on how the freeze could affect future funding rounds for programs such as Solid Waste Infrastructure for Recycling grants or other waste-related initiatives. “EPA is working diligently to implement the president’s executive orders. President Trump advanced conservation and environmental stewardship while promoting economic growth for families across the country in his first term and will continue to do so this term,” they said in the email.

Issue a 60-day freeze on new regulations
All agencies and departments must refrain from proposing or issuing new rules not yet published in the Federal Register, according to an executive order. Agencies must also postpone for 60 days the effective date for rules that have been published but haven’t yet taken effect. Previous presidents have also done this as a way to review actions that weren’t completed by the previous administration.

Withdraw proposed effluent guidelines rule for certain PFAS compounds.
A pending rule meant to set discharge limits on certain PFAS is no longer listed as being under review on the government’s regulatory calendar site. The rule was set to undergo review before being scheduled for public comment, according to the Environmental Working Group.

Review energy-related regulations and rules
All agencies must conduct an “immediate review” of actions believed to “impose an undue burden” on the development and use of certain energy sources, according to an executive order. It specifically calls for identifying any regulations, policies, guidance documents or other materials that would negatively impact the development or use of oil, gas, coal, hydropower, biofuels, nuclear energy or critical minerals.

Withdrawal from the Paris Agreement

Federal agencies, including the EPA, will need to submit a plan for how to “revoke or rescind policies” related to budgeting for or implementing aspects of the agreement. Trump withdrew from the international climate agreement during his first term in office, saying it hurts the economy, but the U.S. rejoined under the Biden administration in 2021. Parties to the agreement commit to cutting greenhouse gas emissions in an effort to limit global warming.

Disband the greenhouse gas research working group
The Interagency Working Group on the Social Cost of Greenhouse Gases, created during the Obama administration, will cease operations. Work associated with the group, such as reports on greenhouse gas monitoring and measurement and documents on the social costs of greenhouse gas emissions including methane, were ordered to be taken off government websites.

Examine U.S. trade policy and potentially enact tariffs

A memorandum issued on Trump’s first day in office directs federal agencies to investigate “the causes of our country’s large and persistent annual trade deficits in goods, as well as the economic and national security implications and risks resulting from such deficits.” The agencies must recommend appropriate measures on goods from countries such as China, Canada and Mexico. Trump has also discussed possible tariffs on certain imports from these countries.

Issue a federal hiring freeze
Vacant federal civilian positions won’t be filled, and no new positions will be created. That freeze could be lifted once the Office of Management and Budget submits a plan to reduce the size of the federal workforce, according to an executive order. The order also ends remote work for federal employees.

Endangerment Finding
President Trump signed an Executive Order that threatens the Endangerment Finding, which requires the EPA to curb emissions of carbon dioxide, methane, and other climate pollutants.  In response, Moms Clean Air Force Director & Co-Founder Dominique Browning released the following statement:

“The terrible danger created by the Trump Executive Order around the ‘Endangerment Finding’ on climate pollution will be life-altering.  With the stroke of a pen, Trump is attempting to end the EPA’s ability to regulate greenhouse gas emissions, such as methane and carbon, through protections against industrial sources, cars and trucks, leaky oil and gas wells, and all other sources.

Paterson:  This will immediately be challenged up to the Supreme Court by NRDC and by Sierra Club — and a decision might go 5-4 against Team Trump… tough to predict.  In addition, did Browning provide comments to China?  In 2024, China’s carbon emissions topped 15 Gigatons (USA under 7 Gigatons).
https://climateactiontracker.org/countries/china/
USA for comparison:  https://climateactiontracker.org/countries/usa/

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