Trump orders agencies to ‘sunset’ environmental protections

President Trump directed agencies that regulate energy and the environment to sunset a wide array of environmental protections in an executive order issued Wednesday night.

He ordered agencies including the Environmental Protection Agency (EPA), Energy Department, Nuclear Regulatory Commission, Bureau of Safety and Environmental Enforcement and Fish and Wildlife Service to amend regulations so that they expire by October 2026.

The order applies to all regulations issued under laws governing things like energy appliance standards, mining and offshore drilling — as well as regulations issued under the Endangered Species Act.

It’s not yet clear whether the order will also apply to regulations at the EPA under laws like the Clean Air Act, Clean Water Act or Safe Drinking Water Act because the order directs that particular agency to provide the White House with a list of statutes that should be subject to the order. 

There also may be exemptions, as the order allows agencies to extend the sunset date for up to five years. It’s not clear how widely such exemptions will be used.

In a statement incorporated into the order, the White House lamented what it described as an “energy landscape perpetually trapped in the 1970s.”

“By rescinding outdated regulations that serve as a drag on progress, we can stimulate innovation and deliver prosperity to everyday Americans,” it said. 

“This order directs certain agencies to incorporate a sunset provision into their regulations governing energy production to the extent permitted by law, thus compelling those agencies to reexamine their regulations periodically to ensure that those rules serve the public good,” it continued.

William Buzbee, a law professor at Georgetown University, raised questions about the legality of Trump’s maneuver. 

“This strategy of the Trump administration clashes with what is known as consistency or policy change doctrine,” Buzbee told The Hill in an email.   

“The Supreme Court, including the current Roberts Court, has repeatedly reaffirmed that agencies seeking to change a policy set forth in a regulation have to go through a new notice-and-comment proceeding for each regulation, offer ‘good reasons’ for the change, and address changing facts and reliance interests developed in light of the earlier regulation. Adding a sunset provision without going through a full notice-and-comment proceedings for each regulation to be newly subject to a sunset provision seems intended to skirt the vetting and public accountability required by consistency doctrine,” he said.

“This strategy would also destabilize markets developed in light of earlier regulations and undercut investments made to comply with the initial regulation,” Buzbee added. “Like many other attempted regulatory shortcuts of the first and second Trump administration, this EO seems likely to prompt legally vulnerable agency actions.”

Environmental activists, meanwhile, raised alarm — and indicated that they’ll challenge the legality of the order in court. 

“Attempting to repeal every environmental safeguard enacted over the past 50 years with an executive order is beyond delusional,” said Brett Hartl, government affairs director at the Center for Biological Diversity, in a written statement.

“Trump’s farcical directive aims to kill measures that protect endangered whales, prevent oil spills, and reduce the risk of a nuclear accident. This chaotic administration is obviously desperate to smash through every environmental guardrail that protects people or preserves wildlife, but steps like this will be laughed out of court,” Hartl added. 

— Updated at 5:21 p.m. EDT