Current Issue

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Executive Order (EO) 14148 rescinded 78 Biden administration EOs. Two notable orders that were rescinded include EO 14094 “Modernizing Regulatory Review,” which revised the definition of significant rules, and EO 13992, which had rescinded regulatory process EOs from the first Trump administration, including the two-for-one regulatory order.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

AI & Tech

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.