Permitting Policy Tracker

The purpose of this deregulatory action is to repeal the requirement that State DOTs and MPOs assess the performance of the National Highway System (NHS) under the National Highway Performance Program (NHPP) by establishing declining CO₂ emissions targets and measuring and reporting on the percent change in tailpipe CO₂ emissions on the NHS from the calendar year 2022 (also referred to as the Greenhouse Gas or GHG measure). This repeal will alleviate a burden on State DOTs and MPOs that, had it been implemented, would have imposed costs with no predictable level of benefits and without clear legal authority. This final rule does not prohibit State DOTs and MPOs from choosing voluntarily to measure and assess CO₂ on the NHS or other roads.

This final rule repeals the GHG measure. By repealing this measure, FHWA will remove regulations that, if they had been implemented, would have required State DOTs and MPOs to undertake administrative activities to establish declining GHG targets, calculate their progress toward their selected targets, report to FHWA, and determine a plan of action to make progress toward their selected targets if they fail to make significant progress during a performance period.

USDOT Press Release.

This joint Notice of Proposed Rulemaking (NPRM) between the US Fish and Wildlife Service and the National Marine Fisheries Service proposes to rescind the regulatory definition of “harm” in the Endangered Species Act regulations.  The existing regulatory definition of “harm” includes habitat modification is seen as running contrary to the best meaning of the statutory term “take.”

Presidential Memorandum that extends the hiring freeze initial directed in the Presidential Memorandum of January 20, 2025 (Hiring Freeze) through July 15, 2025.  The freeze applies to all executive departments and agencies with the exception of military personnel of the Armed Forces or positions related to immigration enforcement, national security, or public safety and does not apply to the Executive Office of the President or its components.

The Acting Director of the Bureau of Ocean Energy Management issued a stop work order to Empire Wind to “allow time for it [BOEM] to address feedback it has received, including from the National Oceanic Atmospheric Administration about the environmental analyses for that project.”  The Director took the action in response to the Department of Interior’s review of offshore wind directed by the President’s January 20, 2025, Memorandum.  BOEM specifically cited the need to ensure compliance with 30 CFR 585.102(a) and applicable law.

The President issued a Presidential Memorandum to the heads of agencies directing the agencies to “make maximum use of technology in environmental review and permitting processes for infrastructure projects of all kinds.” The memo seeks to improve data sharing, reduce duplicative processes, accelerate timelines and other lofty goals. It also directs, within 90 days, the Chair of the Council on Environmental Quality (note: there currently is no Chair and no nominee to become Chair) to issue a Permitting Technology Action Plan that provides:

• Initial data and technology standard for permit applications and NEPA
• Minimum functional requirements for NEPA and permitting-related software systems
• Roadmap for creating a unified interagency permitting and environmental review system
• Interagency governance structure
• Timeline for completing activities described in the Permitting Technology Action Plan)

The memo goes on to direct the Permitting Council members to begin implementing the actions in the Permitting Technology Action Plan within 90 days of the plan’s issuance. Finally, the memo directs the CEQ chair to establish a “Permitting Innovation Center” that will design and test prototype tools that could support implementation of the Permitting Technology Action Plan.

The Zero-Based Regulatory Budgeting to Unleash American Energy executive order directs agencies to establish “sunset” dates that would, in theory, force agencies to regularly review and update regulations to ensure that they are meeting their intended purpose. The order is particularly prescriptive on which agencies and which statutes are subject to the requirement to establish such sunset dates:

• Department of Energy
  • Atomic Energy Act of 1954
  • National Appliance Energy Conservation Act of 1987
  • Energy Policy Act of 1992
  • Energy Policy Act of 2005
  • Energy Independence and Security Act of 2007
• Federal Energy Regulatory Commission
  • Federal Power Act of 1935
  • Natural Gas Act of 1938
  • Powerplant and Industrial Fuel Use Act of 1978
• Nuclear Regulatory Commission
  • Atomic Energy Act of 1954
  • Energy Reorganization Act of 1974
  • Nuclear Waste Policy Act of 1982
• Department of Interior Office of Surface Mining Reclamation and Enforcement
  • Surface Mining Control and Reclamation Act of 1977
• Department of Interior Bureau of Land Management
  • The Mining Act of 1872
  • Federal Land Policy Management Act of 1976
  • Energy Policy Act of 2005
• Department of Interior Bureau of Ocean Energy Management
  • Outer Continental Shelf Act of 1953
  • Energy Policy Act of 2005
• Department of Interior Bureau of Safety and Environmental Enforcement
  • Outer Continental Shelf Act of 1953
• Department of Interior Fish and Wildlife Service
  • Bald and Golden Eagle Protection Act
  • Migratory Bird Treaty Act of 1918
  • Fish and Wildlife Coordination Act of 1934
  • Anadromous Fish Conservation Act of 1965
  • Marine Mammal Protection Act of 1972
  • Endangered Species Act of 1973
  • Magnuson-Steves Fishery Conservation and Management Act of 1976
  • Coastal Barrier Resources Act of 1982
• Environmental Protection Agency and US Army Corps of Engineers are directed to work with the Director of the Office of Management and Budget to develop a list of statutes vesting EPA and USACE with regulatory authority that should be subject to the order.

The executive order directs the above agencies to issue a “sunset rule” for relevant regulations currently in place, effective no later than September 30, 2025, that inserts a “Conditional Sunset Date” into each of the covered regulations (i.e. regulations implementing the statutes listed above). With this conditional sunset date, each regulation would effectively cease to be in effect one year after the effective date of the sunset rule (i.e., a rule with a conditional sunset date effective September 30, 2025, would no longer be in effect as of September 30, 2026). For any new covered regulation, the executive order directs agencies to include a sunset date no more than five years in the future (with a carve out for the OMB Director to determine that a rule has a net deregulatory effect, in which case no sunset date is required).

The executive order does provide for agencies to offer the public an opportunity to comment on the costs and benefits of each regulation set for sunset, prior to a rule’s expiration and following that comment period, the sunset date may be extended.

This executive order seeks to restore American leadership in ship building and associated maritime industries.

The executive order is expansive, covering domestic ship building, Chinese market share of commercial vessels, defense procurement and more. Relevant to ESA’s markets are the sections of the EO focused on domestic manufacturing and maritime communities.

The executive order establishes “the policy of the United States to revitalize and rebuild domestic maritime industries and workforce to promote national security and prosperity.” To accomplish this, the executive order directs the following:

• Within 210 days (November 5, 2025) Secretaries of State, Defense, Commerce, Labor, Homeland Security, and others as appropriate, are to submit a Maritime Action Plan (MAP) that details the strategies and actions necessary to achieve the stated policy. The MAP will include administrative as well as legislative strategies to include steps defined in following sections (I’ve pulled only the most relevant):
• Section 6 of the order directs enhanced enforcement of harbor maintenance fee The harbor maintenance fee is assessed by the Customs and Border Protection and is used to fund maintenance and improvements of US harbors and ports (i.e., funds for capital improvement projects at ports)
• Section 9 directs the Secretary of Transportation to develop a legislative proposal to create a Maritime Security Trust Fund so support implementation of MAP programs.
• Section 10 creates a shipbuilding incentives program, developed in conjunction with the President’s Budget through a legislative proposal that “establishes a financial incentives program with broad flexibility to incentivize private investment in the construction of commercial components, parts, and vessels; capital improvements to commercial vessel shipyards, capital improvements to commercial vessel repair facilities and drydocks through grants…loans and loan guarantees.”
• Section 11 directs the development of a plan to identify opportunities to incentivize and facilitate domestic and allied investment in the US maritime industries and waterfront communities through the establishment of prosperity zones (as defined in Section 13823 of the Tax Cuts and Jobs Act of 2017).
• Section 20 directs the Secretaries of Defense, Transportation, and Homeland Security to complete a review of existing regulations pertaining to the domestic commercial maritime fleet and maritime port access to determine where the agency may be able to deregulate to support the policy of the executive order.

This Presidential Memorandum directs agencies, during their regulatory review under Executive Order 14219 “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’, to prioritize the evaluation of regulations under recent Supreme Court decisions:

1. Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024);
2. West Virginia v. EPA, 597 U.S. 697 (2022);
3. SEC v. Jarkesy, 603 U.S. 109 (2024);
4. Michigan v. EPA, 576 U.S. 743 (2015);
5. Sackett v. EPA, 598 U.S. 651 (2023);
6. Ohio v. EPA, 603 U.S. 279 (2024);
7. Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021);
8. Students for Fair Admissions v. Harvard, 600 U.S. 181 (2023);
9. Carson v. Makin, 596 U.S. 767 (2022); and
10. Roman Cath. Diocese of Brooklyn v. Cuomo, 592 U.S. 14 (2020)

Should the agency determine that exiting regulations are “illegal” after reviewing them in light of the above decisions, the agencies are further directed to repeal such regulations without notice and comment, consistent with the “good cause” exception in the Administrative Procedures Act.  That exception allows agencies to dispense with notice-and-comment rulemaking when that process would be “impracticable, unnecessary, or contrary to the public interest.”  The Memorandum directs that agencies immediately take steps to “effectuate the repeal of any regulation, or portion of any regulation, that clearly exceeds the agency’s authority and is unlawful.”

The purpose of the executive order is to increase domestic production of coal by establishing the policy of the US that coal is essential to national and economic security. It establishes as a national priority the need to support the domesctic coal industry by removing federal regulatory barriers that undermine coal production. The EO directs the Chair of the National Energy Dominance Council to designate coal as a “mineral” as defined in EO 14241 “Immediate Measures to Increase Mineral Production” and entitle coal to all of the benefits of a “mineral” under that order. The EO further directs agencies to create a report that identifies coal resources and reserves on Federal lands and assesses impediments to mining those resources, and proposes policies to address such impediments to enable mining by public or private actors.

Directs the Attorney General to identify all State and local laws, regulations, causes of action, policies, and practices burdening the identification, development, siting, production, or use of domestic energy resources that are or may be unconstitutional, preempted by Federal law, or otherwise unenforceable. The Attorney General is further directed to prioritize the identification of any such law purporting to address “climate change” or involving “environmental, social, and governance” initiatives, “environmental justice,” carbon or “greenhouse gas” emissions and funds to collect carbon penalties or carbon taxes. The AG is directed to take appropriate action to stop the enforcement of such laws that the AG determines to be illegal. Within 60 days, the AG is to provide a report to the President detailing actions taken to identify and challenge state laws deemed illegal by the AG.

Provides a two year exemption for compliance with the final rule National Emissions Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Unites Review of the Residual Risk and Technology Review 89 FR 38508. The proclamation states that the technology to implement the Rule is not commercially viable to meet the compliance date of July 8, 2027 and that it is in the national security interests of the US to issue the Exemption.

Order immediately cancels the Departmental Sustainability Order issued 4/25/23 and the Equal Employment Opportunity and Diversity Program, issued 1/14/21.

Implementing EO 14225 Immediate Expansion of American Timber Production, the memo makes an Emergency Situation Determination encompassing 112,646,000 acres of National Forest System Lands. Forest or Grassland Supervisors may authorize emergency actions to reduce wildfire risk, support durability and resilience of forests and grasslands including actions such as removing hazardous fuels, replacing underground cables, reconstructing existing utility lines, etc.  The Emergency Declaration authorizes emergency procedures to comply with environmental laws such as the Endangered Species Act, National Historic Preservation Act, and Clean Water Act.

Establishes the United States Investment Accelerator in the Department of Commerce to “facilitate and accelerate investments above $1 billion by assisting investors as they navigate USG regulatory processes efficiently, reduce regulatory burdens where consistent with applicable law, increase access to and use of our national resources where appropriate, facilitate research collaborations with national labs and work with state governments to reduce regulatory barriers to, and increase, domestic and foreign investment in the US. Also places the CHIPs office under the newly formed Investment Accelerator office.

Presidential Memorandum that establishes policy to seek sanctions against attorneys and law firms who bring “frivolous, unreasonable, and vexatious litigation against the United States or in matters before executive departments and agencies of the United States. Directs the Attorney General and the Secretary of Homeland Security to prioritize enforcement of their respective regulations governing attorney conduct and discipline. Further directs the Attorney General to take all appropriate action to refer to disciplinary action any attorney whose conduct in Federal court or before any component of the Federal Government appears to violate professional conduct rule, including rules governing meritorious claims and contentions, and particularly in cases that implicate national security, homeland security, public safety, or election integrity.

Establishes the policy of consolidating domestic federal procurement in the General Services Administration (GSA). Within 60 days of the order (Tues, May 19) all agency heads are to submit proposals to the Administrator of GSA that would transfer all procurement responsibilities to the GSA, with respect to “common goods and services” (link redirects to Acquisition.gov which defines 10 government-wide categories that make up the common goods and services.) Within 90 days (Wed. June 18), the GSA Administrator is to submit a plan to the OMB Director that would allow the GSA to procure common goods and services across the domestic components of the Government. The executive order also directs the GSA Administrator to assume responsibility for all information technology contracts and perform an analysis to determine where there may be redundancies with indefinite deliverable indefinite quantity information technology contracts.

Directs agencies to ensure full and prompt access to unclassified agency records, data, software systems, and information technology systems for the purposes of identifying and eliminating waste, fraud, and abuse. Directs agency heads to rescind or modify all agency guidance that serves as a barrier to inter- or intra-agency sharing of unclassified information. Directs agency heads to ensure unfettered access to comprehensive data from all sate programs that recieve federal funding. Directs the Secretary of Labor to recive unfettered access to all unemployment data and related payment records.

Authorizes the Deirector of the Office of Personnel Management to make final suitability determinations and take suitabilty actions regarding employees in the executive branch based on post-appointment conduct, consistent with applicable law. Directs the Director of OPM to issue regulations to implement appropriate rules and procedures regarding suitability determinations and suitability actions based on post-appointment conduct . New regulations should include ability for OPM Director to issue specific instructions on separation or other corrective actions and the head of the agency concerned shall comply within 5 days.

1. National Resilience Strategy
2. National Critical Infrastructure Policy
3. National Continuity Policy
4. Preparedness and Response Policies
5. National Risk Register
6. Federal National Functions Constructs

1. The Federal Mediation and Conciliation Service
2. The United States Agency for Global Media
3. The Woodrow Wilson International Center for Scholars in the Smithsonian Institution
4. The Institute of Museum and Library Services
5. The United States Interagency Council on Homelessness
6. The Community Development Financial Institutions Fund: and
7. The Minority Business Development Agency.

Rescinds numerous Biden executive actions, implementing direction provided in EO 14148 where White House components were advised to identify additional orders, memoranda, and proclamations issued by the prior administration that should be rescinded.

Rescinds prior memoranda titled “Policy on Using Bipartisan Infrastructure Law Resources to Build a Better America.” Memo characterizes the prior memos as “impermissibly impos[ing] misguided policy mandates and other requirements that had no basis in statute.

Directs USDA and USDOI to issue guidance to facilitate increased timber production, identify legislative solutions to further increase timber production, explore accelerated approval under the Endangered Species Act. White House Fact Sheet

Designates English as the official language of the US. Notably does not direct agencies to stop producing materials in other languages but it does rescind EO 13166.

Directs agencies to develop Phase 1 Agency RIF and Reorganization Plans by March 13, 2025 and Phase II ARRPs by April 14, 2025. These plans should focus on reducing the government workforce and restructuring agencies and programs to optimize efficiency.

Directs agencies to review existing contracts/grants/awards to ensure maximum government efficiency and consistency with the Administration’s priorities. Agencies are directed to terminate or modify existing agreements to reduce overall Federal spending or reallocate spending to promote greater efficiency. Agency heads are to prepare guidance on contracting applicable to new gov’t contracts. Freezes gov’t credit cards and increases scrutiny on non-essential travel.

Rule removes existing CEQ regulations at 40 CFR 1500 – 1508 as directed by EO 14154.

Aims to significantly reduce the size of the federal government by eliminating non-statutory components and functions of certain governmental entities, including:

• the Presidio Trust;
• the Inter-American Foundation;
• the United States African Development Foundation; and
• the United States Institute of Peace

Also directs OMB to reject funding requests from these agencies if they are not statutorily required.

Directs agencies to review existing regulations within 60-days to ensure they align with constitutional principles and the administration’s policy goals. Review is to focus on identifying regulations that are unconstitutional, based on unlawful delegations of legislative power, or not grounded in the best interpretation of the underlying statute.

See ESA’s thorough summary here.

Mandates that independent agencies must regularly consult with the WH and submit significant regulations for review before publication. Directs all executive branch officials to follow legal interpretations issued by the president or attorney general. Increases oversight of independent agencies.

Establishes National Energy Dominance Council taked with advising the President on strategies to expand domestic energy production and eliminate red tape, among other things. The Council is chaired by Secretary of the Interior and Secretary of Energy is vice chair. Tasked with reporting to the President within 100 days on ways to expand energy production.

Pursuant to Executive Order 14192 of January 31, 2025 (Unleashing Prosperity Tlu·ough Deregulation), revokes Office of Management and Budget Circular A-4 ofNovember 9, 2023 (Regulatory Analysis), and all accompanying appendices, guidelines, and documents. Reinstate Office of Management and Budget Circular A-4 of September 17, 2003 (Regulatory Analysis).

White House Fact Sheet

Directs the Board on Geographic Names to rename the Gulf of Mexico to the Gulf of Merica and mandates updates to the Geographic Names Information System to reflect this change.

Informs State Department of Transportation Directors that “[t]he new leadership of the Department of Transportation has decided to review the policies underlying the implementation of the NEVI Formula Program.” Accordingly, the memo rescinds NEVI Formula Program Guidance and pauses the approval of all state Electric Vehicle Infrastructure Deployment Plans for all fiscal years.

Directs all agencies to review funding provided to NGOs and align future funding decisions with the goals and priorities of the administration.

Implements EO 14148 which revoked Biden-era withdrawal of the Outer Continential Shelf from Oil and Gas leasing. SO aims to expedite oil and gas leasing on the OCS and advance energy exploration and production on federal lands and waters, supporting the administration’s energy policies.

Implements EO 14192 and aims to reduce regulatory burdens and romote economic prosperity. Department will identify at least 10 existing regulations to eliminate for every new regulation proposed; ensure that the cost of new regulations is offset by the elmination of existing regulatory costs, and prioritizing deregulation to support financial management and alleviate unnecessary burdens on the American people.

Implements Presidential Memorandum targeting cost-of-living. Directs review and modification of policies, procedures, practices to align with goals of reducing living expenses.

Implements provisions of EO 14154, focuses on advancing energy and critical minerals development, including exploration, permitting, leasing, production, and distribution. Encourages energy development of federal lands and waters.

Implements provisions of EO 14156 and aims to enhance energy production and distribution to address the energy emergency by streamlining regulatory processes and expediting energy projects.

The Order requires that whenever an agency promulgates a new rule, regulation, or guidance, it must identify at least 10 existing rules, regulations, or guidance documents to be repealed.

The Director of the Office of Management and Budget will ensure standardized measurement and estimation of regulatory costs. It requires that for fiscal year 2025, the total incremental cost of all new regulations, including repealed regulations, be significantly less than zero.

White House Fact Sheet

Implements EO 14151 and aims to eliminate DEI programs and gender ideology initiatves within DOI. Specifically excludes Tribal nations from the DEI EO’s implementation.

Directs the Departments of Commerce and Interior to work together to route more water from the Sacramento-San Joaquin Delta to other parts of the state.

DOT order that affirms the Departmental policy that benefts of projects muct exceed their costs, but also establishes policy that DOT-supported State contracts shall prioritize projects and goals that direct funding to local opportunity zones, give preference to communities with marriage and birth rates higher than the national average, prohibit recipients from establishing and enforcing mask or vaccine mandates and require local compliance and cooperation with immigration enforcement.

Rescinds OMB Memo M-25-13 which directed agencies to puase funding pending a review for consistency with Administration priorities.

Secretarial Order directing USDOT operating administrations to review programs for consistency with Trump Executive Orders. Rescinds Departmental Orders on DOT Equity Council, Climate Change Adaptation and Resiliency Policy, Actions to Address EJ

Directs agencies to pause distribution of all federal financial assistance and orders a review of all programs and supporting activities consistent with the President’s policies and requirements.

This order establishes the policy of the United States to “sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security.”  It directs the development of an Artificial Intelligence Action Plan within 180 days of the order (est. July 19, 2025) as well as a review of all policies, actions, and directives taken pursuant to EO 14110 “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (which has been revoked).  Further, agencies are to identify barriers to achieving the policy established by the EO and take actions to rescind or otherwise negate those obstacles.

Clarifies that pause directed in EO only applies to funds supporting programs, projects, or activities that may be implicated by the policy established in Section 2 of the order.

Provides additional direction to agencies in implementing the Presidential Memorandum of Jan 20, 2025 “Regulatory Freeze Pending Review.”

Aims to eliminate race- and sex-based preferences in federal policies and programs – specifically terminating DEIA policies and programs.

Withdraws from the Paris Agreement and other internatioal climate agreements. Terminates all US financial comitments under the UNCCC, including the International Climate Finance Plan.

Establishes the Department of Government Efficiency (DOGE) to modernize federal technology and software to maximize governmental efficiency and productivity.

Declares a national energy emergency, seeks to address the urgent need for reliable, diversified, and affordable energy. Mandates federal agencies to expedite completion of energy and infrastructure projects. Directs agencies to leverage emergency authorities to accomplish this. Directs USACE and Endangered Species Act Committee to seek emergency procedures to expedite energy project delivery.

• Establishes policy to encourage domestic energy exploration and production; elimate EV mandate and promote consumer choice; distinguish global effects of rules from domestic effects; ensure that no federal funding is ditributed inconsistent with the policies therein.
• Revokes numerous prior EOs
• Dismisses Climate Corps;
• Revokes EO 11991 directing CEQ to issue NEPA regulations; directs CEQ to issue NEPA guidance within 30 days; directs the creation of IWG to update agency NEPA procedures; OMB and NEC to recommend permitting reform; Eliminates Social Cost of Carbon IWG;
• Places pause on IIJA and IRA funding
• Directs agencies to pursue accelerated mining permits

Establishes policy of US to fully avail itself of Alaska’s land and resources and expedite permitting and leasing of energy and natural resource projects in AK.

Directs agency heads to ensure all agency policies are consisent with that policy; prioritize development of AK’s LNG potential – including permitting of all necessary pipelines and supporting infrastructure related to the Alaska LNG project; withdraw Secretarial Order 3401 which stopped development in the Alaska National Wildlife Refuge and rescind the cancellation of any leases in ANWR and other actions to spur development in ANWR.

Directs the elimination of all “discriminatory programs, including illegal DEI and ‘diversity, equity, inclusion, and accessibility’ (DEIA) mandates, policies, programs, preferenes, and activities in the Federal Government. Within 60 days, each agency shall terminate all DEI, DEIA, and “environmental justice” offices and positions, all equity action plans, equity actions, initiatives, or programs, equity-related grats or contracts, and all DEI or DEIA performance requirements for employees, contractors, or grantees.

Further, each agency must provide a report to OMB detailing all DEI, DEIA or EJ positions/committees/programs/services/budgets, etc. that were in place on Nov 4 2024 to determine whether those programs have been relabeled to preserve their pre-election function; a list of federal contractors who have provided DEI training or DEI training materials to agency or department employees, federal granteees who received funding to provide or advance DEIA or EJ programs, services, or activities since 1/20/21.

Directs federal agencies to take immediate action to lower the cost of living for American families, including eliminating harmful climate policies that drive up the cost of food and fuel.

Broad rescission of 78 Biden executive actions.

Revokes from disposition for wind energy leasing all areas within the OCS; does not affect existing leases but those lease areas are subject to comprehensive review and may be revoked depending on updated findings; Directs temporary cessation and immediate review of federal permitting practices for wind. The review will evaluate economic and environmental impact of the projects and the language in the PM appears to indicate that the reviews are likely to find that environmental harms outweigh energy/economic benefits, consistent with the President’s stated policy preference on this topic.