February 5, 2025
New from the RSC this week
New Trump Executive Order Aims to Speed Deregulation
Trump’s latest regulatory executive order requires agencies to remove ten rules for every new one, revokes Biden administration regulatory analysis changes, and more.
By Susan Dudley
Can the Courts Manage the Trump Blitzkrieg?
Legal questions raised in the first weeks of the Trump Administration may require the Supreme Court to make difficult decisions quickly.
By Richard J. Pierce, Jr.
Rulemaking Highlights
Executive Order Recissions
Executive Order (EO) 14148 rescinded 78 Biden administration EOs. Two notable orders that were rescinded include EO 14094 “Modernizing Regulatory Review,” which revised the definition of significant rules, and EO 13992, which had rescinded regulatory process EOs from the first Trump administration, including the two-for-one regulatory order.
Regulatory Freeze
President Trump issued a presidential memorandum ordering executive agencies not to propose or issue any rules until a new agency head reviews and approves the rule. The memorandum also directed agencies to withdraw rules that had been sent to the Office of the Federal Register but not published. Finally, the memorandum told agencies to delay the effective date for any rules published in the Federal Register but had not yet taken effect.
Presidential Actions on Energy Production
There were three major presidential documents targeting energy production. EO 14156 declares a national energy emergency. The EO, which applied to critical minerals, fossil fuels, nuclear, and biofuels, suspends Clean Water Act, Endangered Species Act, and siting permits and processes to expedite mineral and fuel production.
President Trump also signed EO 14154, Unleashing American Energy, which was a similarly wide-ranging energy order. Specifically, the EO expands access to federal lands for certain forms of energy production; requires agency heads to review policies and regulations that may hinder energy production; and revokes many Biden-era climate policies including freezing funds to the congressionally-enacted Inflation Reduction Act and Infrastructure Investment and Jobs Act. EO 14154 also revokes a previous EO that gave CEQ the authority to promulgate NEPA regulations.
Finally, a presidential memorandum withdrew leases for offshore wind and required agencies to review leasing for wind on all federal land.
Federal Hiring Freeze
President Trump issued a memorandum to all agency heads mandating a hiring freeze for civilian positions across all agency departments. The memorandum applies irrespective of the appropriated funding; however, it does not apply to military, armed forces, or border security personnel.
Declaring a National Emergency at the Southern Border
President Trump issued a proclamation declaring a national emergency at the southern border due to illegal immigration. The proclamation deploys military forces to the southern border, orders the construction of additional physical barriers, and directs the Department of Transportation and the Federal Communications Commission to consider waiving restrictions on countering unmanned aerial systems in the area around the border.
Delay of Effective Date: Emergency Braking for Light Vehicles
The National Highway Traffic Safety Administration delayed the effective date of a final rule that would require automatic emergency braking systems or pedestrian automatic emergency braking systems on all new light vehicles. Delayed until March 20.
Delay of Effective Date: EPA Rules
The Environmental Protection Agency (EPA) delayed the effective date for four regulations pursuant to the presidential memorandum “Regulatory Freeze Pending Review.” One of the regulations delayed is EPA’s final rule regulating trichloroethylene (TCE) under the Toxic Substances Control Act. Delayed until March 21.
Opinions
Clyde Wayne Crews: Trump’s Ten-For-One “Unleashing Prosperity Through Deregulation” Executive Order: What’s Next?
James Freeman: A Vacation from Bureaucracy
Phil Gramm & Larry Summers: A Letter on Tariffs From Economists to Trump
The Economist: Milei, Modi, Trump: An Anti-Red-Tape Revolution is Under Way
Kevin Kosar: Executive Actions Will Only Take Trump So Far
Paul Weinstein Jr.: Seven Lessons for Elon Musk and DOGE
Lina Khan: Stop Worshiping the American Tech Giants
Washington Post Editorial Board: TikTok Should Be Shut Down
Jonathan Adler: DC Circuit Declines to Reconsider Decision Concluding CEQ Lacks Authority to Issue NEPA Regulations
In the News
Governance & Politics
Trump’s 10-for-1 Regs Order Jettisons Rulemaking Revamp, E&E News ⭐ feat. RSC’s Susan Dudley
Meet the Trump Budget Hawk Partnering With Musk’s DOGE, Wall Street Journal
Inside Musk’s Aggressive Incursion Into the Federal Government, New York Times
The ‘Rapid Unscheduled Disassembly’ of the United States Government, The Atlantic
Elon Musk is Barreling Into Government With DOGE, Raising Unusual Legal Questions, NPR
Purges at FBI, DOJ Trigger ‘Battle’ for Career Staff, The Hill
Elon Musk is a ‘Special Government Employee.’ What Does That Mean?, Washington Post
Why the Supreme Court May be Open to Trump’s Push for Expanded Power, Washington Post
Unsung Rebels Fend Off US Policy Whiplash, Reuters ⭐ cites RSC data
Financial Markets & Housing
Finance Dreams of a Deregulatory Utopia, Axios
Trump Fires Consumer Financial Watchdog Who Drew Ire of Banks, Wall Street Journal
Trump’s Washington Embraces Crypto With Meme Coins and Black-Tie Galas, Wall Street Journal
Crypto Industry Eyes Legislation to Clarify Regulatory Framework, National Law Journal ⭐ feat. RSC’s Roger Nober
Energy & Environment
EPA Demotes Career Employees Overseeing Science, Enforcement and More, New York Times
EPA Tells More Than 1,000 They Could be Fired ‘Immediately’, New York Times
Burgum Begins to Implement Trump’s ‘Energy Emergency’ Declaration, The Hill
As Trump Vows to Embrace Fossil Fuels, US Climate Policy Won’t Change Quickly, NPR
Senate Confirms Lee Zeldin to Lead EPA, Axios
Congress, Legal Bids Jockey to Undo Biden Heater Efficiency Rule, Bloomberg ⭐ feat. RSC’s Susan Dudley & Emily Hammond
Business
Antitrust Shouldn’t Become Trade War Weapon, EU Says, Wall Street Journal
AI & Tech
Trump’s New TikTok Plan, The Hill
Transportation & Infrastructure
America’s 15-Year Air Safety Streak Comes to End, Wall Street Journal
Trump Orders DEI Review of Aviation, Alleging Link to Crash, Axios
Marketplace of Ideas
American Action Forum
Trump Deregulation, Take Two, Douglas Holtz-Eakin
American Prospect
Podcast: The Plan to Delete Congress, David Dayen & Luke Goldstein
Bipartisan Policy Center
Permitting Speeds Up, But 61% of Reviews are Still Late, John Jacobs
Brookings Institution
Why Merging USAID Into State Would Undermine US Strategic Interests, George Ingram
Tracking Regulatory Changes in the Second Trump Administration
C. Boyden Gray Center
Event: Congress after Chevron, February 12
Cato Institute
Trump’s TikTok Reprieve Won’t Fix the Law’s Free Speech Problems, Jennifer Huddleston
Center for Progressive Reform
Analysis: Trump’s New “10-Out, 1-In” Executive Order, James Goodwin
CEI
Podcast: Trump vs. the Regulatory State, ⭐ feat. RSC’s Susan Dudley
The Good, the Bad, and the Ugly in Trump’s New Regulation Executive Order, James Broughel
Federalist Society
On Day One, President Trump Took Meaningful Steps to Rein in Administrative Abuse, Protect Due Process, and Improve Government Transparency, Michael Pepson & Casey Mattox
Video: Discussion on the Congressional Review Act ⭐ feat. RSC’s Steven Balla
GAO
Food Safety: Status of Foodborne Illness in the US
Institute for Policy Integrity
Public Utility Commissions and Procedural Equity, Michelle Fleurantin et al.
Manhattan Institute
Virginia is a Model for Lowering Housing Costs, Reeve Bull & Bryan Horn
NASEM
Workshop: Implications of Recent Supreme Court Decisions for Agency Decision-Making, February 20 and 21
NBER
Geographic Resolution in Environmental Policy: EPA’s Shift from Regions to Counties Under the Clean Air Act, Maureen L. Cropper et al.
Niskanen Center
States Can Foster More Opportunity Through LIHTC Regulations, Ann Owens
Pacific Legal Foundation
The Forgotten Victims of Government Overreach, James Burling
R Street
Financial Regulation Under the Trump Administration, Caroline Melear
Reason
Biden’s Record-Breaking Regulatory Run, Eric Boehm
The Regulatory Review
A State Legislative Nudge Toward Regulatory Excellence, Adam Finkel
Roosevelt Institute
Why Economic Data Revisions Mean Better Statistics, Michael Madowitz
SBCA
Workshop: Benefit-Cost Analysis for Beginners, February 20
Tech Policy Institute
Getting Real About Artificial Intelligence at CES, Scott Wallsten & Nathaniel Lovin
Urban Institute
The Gainful Employment Rule under a Second Trump Administration, Jason Delisle & Jason Cohn
Yale JREG
The Overlooked Conundrums of Impoundment, Mark Thomas