Trump’s regs freeze trips up Biden’s green rules

By Kevin Bogardus, Hannah Northey | 01/22/2025 02:02 PM EST

The order serves as the president’s first shot in his coming war against federal rules.

President Donald Trump signs executive orders during an inauguration parade.

President Donald Trump signs executive orders after an inauguration parade at Capital One Arena in Washington on Monday. Jamie Kelter Davis for POLITICO

President Donald Trump’s regulatory freeze looks set to capture several energy and environmental rules from the prior administration.

On his first day in office, Trump signed an executive order telling agencies to block regulations going forward. Past presidents have done the same, but the order serves as Trump’s first shot in his coming war against federal rules, which he says strangle business and energy production.

“Regulatory freezes are standard practice for incoming administrations,” Stuart Shapiro, dean of the public policy school at Rutgers University, told POLITICO’s E&E News. “They want to pause any actions not completed by the previous administrations so they can decide whether they want to complete them.”

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Trump told agencies in his order to “not propose or issue any rule,” withdraw any regulations not yet published in the Federal Register as well as postpone for 60 days the effective date for rules that have been published. The director of the Office of Management and Budget is to oversee the order’s implementation.

On Wednesday morning, Reginfo.gov, which is run by the Office of Information and Regulatory Affairs that oversees the rulemaking process, showed 24 regulations under review by the White House. Those rules are expected to be withdrawn in the coming days.

“This was anticipated by the outgoing administration, which behaved accordingly in working to get priorities published well before [Jan. 20],” said Susan Dudley, who served as OIRA administrator for President George W. Bush. “The [Federal Register] tends to get backed up at the end of an administration!”

The Biden administration last year pushed to wrap up significant environmental rules, such as power plant standards and auto tailpipe emission limits, in preparation for a potential changeover to Trump.

“The fact that there aren’t a lot of big-ticket things just suggest to me that the Biden administration was appropriately cautious in getting its work done,” said James Goodwin, policy director for the liberal-leaning Center for Progressive Reform. “There are some points that they’re leaving on the field there, but in the grand scheme of things, not a big deal.”

The Reginfo.gov website has EPA with three rules undergoing White House review, including regulations dealing with water quality trading and permitting for wildfire-fighting chemicals. NOAA has four rules listed as under review, such as a critical habitat designation for the Rice’s whale.

Trump’s directive has trickled down to energy and environmental agencies.

On Monday, the Interior Department issued a secretarial order that suspended the publication of any notices in the Federal Register. That order also stopped other major actions, including offshore wind leases or contracts, without approval by department leadership.

As of Wednesday morning, Reginfo.gov listed seven Interior rules still under White House review. Those include regulations for low-impact filming by the National Park Service as well as oil spill response requirements by the Bureau of Safety and Environmental Enforcement.

In addition, the Energy Department has begun an agencywide review of programs and administrative actions.

A letter sent to staff on Monday, obtained by E&E News, called for a review of personnel actions, the awarding of grants and loans as well as the publication of material in the Federal Register, according to the memo.

“As we navigate through this transition period for a new Administration within the Department of Energy (DOE), it is imperative to ensure a deliberate approach to the Administration’s programmatic and administrative policies and priorities,” wrote Ingrid Kolb, DOE’s acting secretary.

According to Kolb, nothing should be sent to the Federal Register for publication without written approval from the secretary or designee. The memo called on DOE’s Office of the General Counsel to immediately withdraw all items that have been submitted but not yet published.

There are currently five DOE rules under White House review, according to Reginfo.gov. Those include changes DOE was mulling to its Advanced Technology Vehicles Manufacturing Incentive Program and conservation standards for ceiling fans, dehumidifiers and portable electric spas.

Other than his regulatory freeze, Trump is expected to issue more orders on regulations, including one to repeal 10 regulations for every rule issued.

The president also revoked an order by President Joe Biden that canceled a first-term Trump order that pulled back two rules for every new one issued.

Wayne Crews, a fellow in regulatory studies at the Competitive Enterprise Institute, a free market think tank, said he anticipates Trump will also target guidance documents by agencies, which can act as rules but do not have the force of law.

“Regulation can be funneled toward those less formal sub-regulatory avenues if the administration doesn’t head that off,” Crews said. “I would not be surprised to see rules and guidance get simultaneous treatment.”