The American Public Power Association has provided a detailed energy-related overview of executive orders and memorandums issued by President Trump after being sworn into office Jan. 20.
APPA said it will provide more information and context as it becomes available.
Unleashing American Energy (Executive Order)
This executive order requires the heads of all agencies to review all existing regulations, orders, guidance documents, policies, settlements, consent orders, and other agency actions to identify those that burden domestic energy resources.
It also revokes numerous EOs from the Biden administration regarding climate change, permitting, and other energy and environmental issues.
It immediately pauses disbursements of funds appropriated through the Inflation Reduction Act (IRA) and the Infrastructure Investment and Jobs Act (IIJA), “including but not limited to funds for electric vehicle charging stations made available through the National Electric Vehicle Infrastructure Formula Program and the Charging and Fueling Infrastructure Discretionary Grant Program.”
The EO also orders the Department of Energy (DOE) to restart reviews of proposed liquefied natural gas export projects.
In addition, it:
- Revokes Executive Order 11991 of May 24, 1977 (Relating to protection and enhancement of environmental quality) and directs the chairman of the Council on Environmental Quality (CEQ) to, within 30 days, provide guidance on implementing the National Environmental Policy Act (NEPA) and propose rescinding CEQ’s NEPA regulations.
- Directs CEQ to convene a working group to coordinate the revision of agency-level implementing regulations for consistency and directs agencies to prioritize efficiency and certainty over any other objectives that could otherwise add delays and ambiguity to the permitting process.
- Directs the secretaries of executive agencies to “undertake all available efforts to eliminate all delays within their respective permitting processes, including through, but not limited to, the use of general permitting and permit by rule.”
- Directs the director of the National Economic Council (NEC) and Director of the Office of Legislative Affairs to prepare recommendations to Congress to “facilitate the permitting and construction of interstate energy transportation and other critical energy infrastructure, including but not limited to, pipelines, particularly in regions of the nation that have lacked such development in recent years.”
The EO also directs all agencies to adhere to only the relevant legislated requirements for environmental considerations: and disbands the Interagency Working Group on the Social Cost of Greenhouse Gases and rescinds any associated guidance and documents.
It also directs EPA to consider eliminating the “social cost of carbon” calculation from any Federal permitting or regulatory decision.
Also, it directs EPA to submit recommendations to the Office of Management & Budget (OMB) on the “legality and continuing applicability” of the administrator’s findings, “Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act,” Final Rule, 74 FR 66496 (December 15, 2009).
APPA Analysis
APPA said that President Trump was widely expected to pause the disbursement of IIJA and IRA funding upon taking office.
The EO requires agencies to pause funding and review their grant-related processes for “consistency with the law and the policy outlined” in the EO.
Agencies must submit their review report to the NEC and OMB within 90 days. No funds may be disbursed until NEC and OMB have determined that those disbursements are consistent with “any review recommendations they have chosen to adopt.”
So, IIJA and IRA-funded grant disbursements will likely be paused for at least 90 days.
During that time, APPA may receive additional review recommendations from OMB and NEC, clarifying a changing direction or requirements for grant funding under the Trump administration.
However, under the Congressional Budget and Impoundment Control Act of 1974 (ICA), the administration cannot legally refuse to spend funds appropriated by Congress for programs it does not support.
The ICA created a new process (“recissions”) that the president must follow, which requires congressional approval, should they wish to delay or cancel funding passed by Congress.
The administration may seek congressional authorization to rescind certain IRA and IIJA grant funding, impose new requirements on the funding, and significantly slow down the process of disbursing funding – or, likely, some combination of all three.
The EO kicks off the Environmental Protection Agency’s review of the prior administration's greenhouse gas and other rules impacting the power sector, some of which have been identified as burdensome with minimal environmental benefit.
In addition, the EO directs the Department of Justice to notify the relevant federal courts of the incoming administration’s policies and requests the court stay or otherwise delay further litigation pending the conclusion of administrative actions such as the repeal and or replacement of final rules. We would note that the repeal and replacement approach had mixed success under the first Trump Administration. However, determinations of the likelihood of success will be bolstered by the Supreme Court's 6-3 conservative majority.
APPA said that the EO’s direction to the chairman of CEQ seems to acknowledge the U.S. Court of Appeals for the District of Columbia’s decision in Marin Audubon Society et al. v. FAA, finding that CEQ lacks the authority to issue binding NEPA rules. The EO and court finding may bolster efforts to rescind the Phase I and II NEPA Implementing regulations.
Meanwhile, the Federal Energy Regulatory Commission, under newly appointed Chairman Mark Christie, is unlikely to determine that any of its existing electricity policies are burdensome to domestic energy resources.
It is possible that FERC could identify potential revisions to its hydropower licensing or pipeline certification rules to boost domestic energy production, APPA said.
Declaring a National Energy Emergency (Executive Order)
This EO declares a national energy emergency, allowing the head of executive departments agencies to exercise any lawful emergency authorities to facilitate the identification, leasing, siting, production, transportation, refining and generation of domestic energy sources.
It also directs agencies to submit recommendations for a course of action to the president if it assesses that use of either federal eminent domain authorities or authorities afforded under the Defense Production Act are necessary to achieve objectives.
Also, it grants emergency powers to expedite the completion of all authorized and appropriated infrastructure, energy, environmental and natural resource projects.
The EO also tasks the heads of all agencies with identifying planned or potential actions to facilitate the nation’s energy supply that may be subject to the regulation on consultation in emergencies pursuant to the Endangered Species Act (ESA).
It further declares that “a precariously inadequate and intermittent energy supply, and an increasingly unreliable grid, require swift and decisive action” and that the “United States’ ability to remain at the forefront of technological innovation depends on a reliable supply of energy and the integrity of our nation’s electrical grid.”
It also:
- Declares that “these numerous problems are most pronounced in our nation’s Northeast and West Coast, where dangerous State and local policies jeopardize our nation’s core national defense and security needs.”
- Directs the secretaries of Interior, Energy and Defense to conduct an assessment of the Department of Defenses’ ability to acquire and transport the energy, electricity, or fuels needed to protect the homeland.
- Invokes special emergency construction powers (section 2808 of title 10, United States Code) for the Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works, to address any vulnerabilities identified in the assessment.
Initial Recessions of Harmful Executive Orders and Actions (Executive Order)
This EO revokes 78 executive actions from the previous administration, including those related to diversity, equity, and inclusion (DEI); climate policy; COVID-19 response, immigration; and labor.
The order specifically repeals 67 executive orders (see below for relevant orders). Furthermore, the Domestic Policy Council and the NEC are tasked with creating a list of additional executive actions for repeal and executive actions to replace the rescinded actions. This list must be submitted to the president within 45 days.
The EO also directs the national security advisor to review all national security memoranda from the previous administration for potential revision.
- Executive Order 13990 of January 20, 2021 (Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis).
- Executive Order 13992 of January 20, 2021 (Revocation of Certain Executive Orders Concerning Federal Regulation).
- Executive Order 14008 of January 27, 2021 (Tackling the Climate Crisis at Home and Abroad).
- Executive Order 14027 of May 7, 2021 (Establishment of the Climate Change Support Office).
- Executive Order 14030 of May 20, 2021 (Climate-Related Financial Risk).
- Executive Order 14057 of December 8, 2021 (Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability).
- The Presidential Memorandum of March 13, 2023 (Withdrawal of Certain Areas off the United States Arctic Coast of the Outer Continental Shelf from Oil or Gas Leasing).
- Executive Order 14096 of April 21, 2023 (Revitalizing Our Nation’s Commitment to Environmental Justice for All).
Regulatory Freeze Pending Review (Memorandum)
This memorandum pauses the issuance, publication and enforcement of new federal rules pending review by the department or agency heads appointed by the incoming administration.
It instructs agencies to withdraw unpublished rules from the Federal Register and delay the effective dates of recently published or issued rules for 60 days to evaluate their legal, factual and policy implications.
During this period, agencies may open a comment period for public feedback and consider further delays if necessary. The memorandum tasks OMB director with overseeing implementation, including exemptions for emergencies or urgent deadlines.
APPA Analysis
This memorandum limits the ability of the previous administration to issue any eleventh hour rules that the new administration does not support and the ability of agency staff to proceed with rules that were initiated under the previous administration without review by the new administration.
APPA is unaware of any rules that affect members that would be affected by this memorandum.
Delivering Emergency Price Relief for American Families and Defeating the Cost-of Living Crisis (Memorandum)
This memorandum orders the heads of all executive departments and agencies to lower the cost of housing and expand housing supply, eliminate requirements that increase the cost of home appliances and rescind climate policies.
APPA Analysis
APPA said that while this memorandum seeks to reduce costs for consumers, it is unclear which specific climate policies or appliance efficiency standards are being targeted.
An agency seeking to revise such policies or standards would be required to comply with all relevant statutes and the Administrative Procedures Act, which will limit the speed by which any cost reductions can occur.
Putting America First in International Environmental Agreements (Executive Order)
This EO directs the U.S. ambassador to the United Nations to submit formal written notification of the United States’ withdrawal from the Paris Climate Agreement under the United Nations Framework Convention on Climate Change. It also directs a formal withdrawal from any agreement or similar commitment made under the framework.
Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects (Memorandum)
This memo uses the power granted to the president under the Outer Continental Shelf Lands Act to withdraw all areas of within the offshore Continental Shelf (OCS) as defined under section 2 of the law.
It will go into effect on January 21, 2025, and remain in effect until the president revokes it.
The memo temporarily prevents consideration of any area in the OCS for any new or renewed wind energy leasing for the purposes of generation of electricity or any other such use derived from the use of wind.
It does not affect rights under existing leases in the withdrawal areas.
It also directs the secretaries of Interior, Energy, Agriculture and the EPA administrator and the heads of all other relevant agencies not to issue new or renewed approvals, permit leases or loans for onshore or offshore wind projects pending the completion of the permitting process.
List of revocation of and revisions to certain presidential and regulatory actions:
- Executive Order 13990 of January 20, 2021 (Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis);
- Executive Order 13992 of January 20, 2021 (Revocation of Certain Executive Orders Concerning Federal Regulation);
- Executive Order 14008 of January 27, 2021 (Tackling the Climate Crisis at Home and Abroad);
- Executive Order 14007 of January 27, 2021 (President’s Council of Advisors on Science and Technology);
- Executive Order 14013 of February 4, 2021 (Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration);
- Executive Order 14027 of May 7, 2021 (Establishment of the Climate Change Support Office);
- Executive Order 14030 of May 20, 2021 (Climate-Related Financial Risk);
- Executive Order 14037 of August 5, 2021 (Strengthening American Leadership in Clean Cars and Trucks);
- Executive Order 14057 of December 8, 2021 (Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability);
- Executive Order 14072 of April 22, 2022 (Strengthening the Nation’s Forests, Communities, and Local Economies);
- Executive Order 14082 of September 12, 2022 (Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022); and
- Executive Order 14096 of April 21, 2023 (Revitalizing Our Nation’s Commitment to Environmental Justice for All).
