Permitting Policy Tracker

DOE updated NEPA Procedures – Summary in progress.

USDA updated NEPA Procedures.  Summary in progress.

USDOT has updated its Department-wide NEPA order 5610.1D.  Summary in progress.

The Department of the Interior (DOI) is updating and partially rescinding its regulations on implementation of the National Environmental Policy Act (NEPA). DOI will now maintain the majority of its NEPA procedures in a handbook separate from the Code of Federal Regulations. DOI is issuing an interim final rule requesting comments on these actions.

DOI Interim Final Rule

Regulatory Impact Analysis

DOI Handbook of NEPA Implementing Procedures and its appendices:

Appendix 1 Actions Normally Requiring an Environmental Assessment or Environmental Impact Statement

Appendix 2 Bureau Categorical Exclusions

Appendix 3 Implementation Guidance to Bureaus

White House Fact Sheet 

DOI Press Release

DOD NEPA Procedures – Summary in progress

FAA has updated its NEPA procedures in FAA Order 1050.1G.  Summary in progress.

FHWA, FTA, and FRA have issued an interim final rule updating the NEPA procedures at 23 CFR 771.

Aims to overhaul federal wildfire policy in response to the devastating January 2025 Los Angeles wildfires and what the President perceives as obstacles to quickly respond to fires due to unnecessary regulation and bureaucracy. It criticizes “reckless management” by state and local governments, specifically targeting California, for inadequate wildfire preparedness. In response to these observations, the President directs:

• The Departments of Interior and Agriculture to consolidate their wildland fire programs to improve efficiency in budgeting, procurement, research, and coordination.
• Expanded partnerships and mutual aid agreements with state, tribal and local governments.
• Promoting incentives for responsible land management, including prescribed burns and fuel reduction (and directing EPA to ensure that Clean Air Act regulations do not prohibit or constrain such strategies)
• The development of a comprehensive technology roadmap to:
  • Use AI, data sharing, and satellite imagery for fire detection and prediction
  • Improve weather forecasting and evacuation planning
  • Declassify historical satellite data to enhance wildfire modeling
• The Department of Defense to prioritize the sale of excess aircraft and parts to support firefighting efforts.

The President issued the Presidential Memorandum (PM) that reverses Biden-era policies established in a similar PM regarding the restoration of salmon and other native fish populations in the Columbia River Basin.  The Trump PM criticizes the Biden PM for being part of a “radical green agenda” placing fish over people because of the possibility of removing up to four hydropower dams in the region to support native fish habitat and species survival.  The Department of Energy and the Department of Interior released statements applauding the President in rescinding the prior policies – pointing again to the energy needs of the region and discounting the benefit to the fish populations as part of a “radical” agenda.

Specifically, the Trump PM directs agencies to:

• Within 15 days (by Friday, June 27) to withdraw from the 2023 Memorandum of Understanding reached in the Columbia River System litigation, National Wildlife Federation v. National Marine Fisheries Service.
• Rescind the Notice of Intent to Prepare a Supplemental Environmental Impact Statement for the Columbia River Systems Operations and, as appropriate, create a new schedule to complete the Supplemental EIS consistent with current NEPA policy and procedures.
• Within 30 days, report to CEQ on:
  • All actions taken in response to the Biden PM.
  • Status of all Federal commitments made in response to the Biden PM
  • Any steps taken to rescind or recoup federal costs associated with implementing the Biden PM
  • Any actions taken and future steps necessary to withdraw from the MOU.

On June 11, 2025, the National Park Service (a bureau of the Department of the Interior) provided that it has identified 33 categorical exclusions (CEs) for adoption per section 109 of the National Environmental Policy Act (NEPA). Categorical exclusions are a category of actions that, under normal circumstances, do not significantly affect the quality of the human environment (42 U.S.C. 4336(e)(1)). If a CE covers a proposed action, and the agency determines no extraordinary circumstances exist, the CE may replace the need for preparing an Environmental Assessment (EA) and/or Environmental Impact Statement (EIS). Additionally, as part of the Fiscal Responsibility Act of 2023, section 109 of NEPA enables Federal agencies to adopt a listed CE from another agency.

This EO launches a national initiative to restore U.S. leadership in high-speed aviation by removing regulatory barriers and promoting innovation in supersonic flight. Specifically, the EO directs:

• Administrator of the Federal Aviation Administration (FAA) to repeal the prohibition on civilian overland supersonic flight (14 CFR 91.817) and establish an interim noise-based certification standard within 180 days (December 3, 2025)
• FAA Administrator to repeal 14 CFR 91.819 and 821 which deal with civil supersonic noise limits.
• FAA Administrator to issue a Notice of Proposed Rulemaking to establish a standard for supersonic aircraft noise certification.
• Director of the White House Office of Science and Technology Policy to coordinate with appropriate agencies to advance supersonic research and development focusing on:
  • Noise reduction
  • Fuel efficiency
  • Safety
  • Commercial viability

DOI issued guidance in the form of FAQs to support implementation of emergency procedures on certain energy projects in response to the National Energy Emergency.  The document is brief (5 pages) and does not provide any new information from prior guidance documents.

Orders the fiscal year 2026 budgetary resources for each non-exempt account be reduced by the amount calculated by the Office of Management and Budget in its May 30, 2025 report to Congress.  The report provides specific amounts to be sequestered or cut for each account.

A Permitting Technology Action Plan to modernize Federal environmental review and permitting processes for infrastructure projects involving roads, bridges, mines, factories, power plants, and more (see White House Press release). The Action Plan is issued in response to an April 15, 2025 Presidential Memorandum “Updating Permitting Technology for the 21st Century” issued to “address the lack of transparency, fragmented data management, and outdated technology in the Federal environmental review and permitting process.” (See introduction to Action Plan).  The release of the plan also coincided with the launch of permitting.innovation.gov where CEQ will post information about the implementation of the Action Plan and other initiatives.

The Permitting Technology Action Plan contains:

• Minimum functional requirements for environmental review and permitting systems;
• An initial NEPA and permitting data and technology standard
• A 90-day timeline and implementation roadmap for agencies represented on the Permitting Council to adopt and begin implementation of the data and technology standard and minimum functional requirements
• A governance structure for implementation

The Action Plan prioritizes innovation in four key areas:

1. Business Process Modernization
2. Workflow Automation
3. Digital-First Documents
4. Minimizing Timeline Uncertainty

In order to accomplish the priorities above, the action plan goes on to encourage agencies to develop and implement the following ten fundamental capabilities:

1. Implement data standards
2. Application data sharing
3. Automated project screening
4. Access to screening criteria
5. Automated case management tools
6. Integrated GIS analysis tools
7. Improved document management
8. Automated comment compilation and analysis
9. Administrative record management
10. Adopt common or interoperable agency services.

Defines the mandatory reductions in discretionary spending that will apply for fiscal year 2026 should Congress fail to pass annual appropriations.  The sequestration percentages for non-exempt direct spending are: 2% for Medicare, 5.7% for other non-exempt nondefense mandatory programs, and 8.3% for non-exempt defense mandatory programs.  Under current law, these sequestration percentages will be applied in each fiscal year through 2031.

This Executive Order targets the “politicization” of science and advancing a policy to restore “a gold standard for science to ensure that federally funded research is transparent, rigorous, and impactful and that Federal decisions are informed by the most credible, reliable, and impartial scientific evidence available.”  The executive order uses as examples of the politicization of science the Maine Lobsterman Association vs. National Marine Fisheries that found that NMFS had erred in using a worst-case scenario to predict effects on the North Atlantic Right Whale which would have, in turn, severely hindered the ability of the Lobstermen to continue with their harvesting activities.  It also points to the polarizing discussions around COVID as an example to avoid repeating as well as targeting the consideration of climate change impacts in a “higher” warming scenario as evidence of the weaponization of science to score political points.

The thrust of the Executive Order is as follows:

• Within 30 days (June 22), the Director of the Office of Science and Technology Policy (OSTP – a component of the White House) shall issue guidance for agencies on the implementation of “Gold Standard Science.” Without irony, the EO lays out what framework of Gold Standard Science as:
  • Reproducible
  • Transparent
  • Communicative of error and uncertainty
  • Collaborative and interdisciplinary
  • Skeptical of its findings and assumptions
  • Structured for falsifiability of hypotheses
  • Subject to unbiased peer review
  • Accepting of negative results as positive outcomes; and
  • Without conflicts of interest.
• Upon issuance of the guidance, agency heads are to update applicable policies
• Directs agency heads, within 30 days (June 22), to:
  • Make publicly available the data, analysis, conclusions, models and other inputs to inform scientific findings
  • Transparently acknowledge and document uncertainties
  • Use science that comports with legal standards
  • Be transparent about likelihood of assumptions and scenarios
  • Apply a “weight of scientific evidence” approach to decision-making
• Make any necessary organizational or operational changes necessary to return agency workflows to their condition before President Biden’s Presidential Memorandum of January 27, 2021 “Restoring Trust in Government Through Scientific Integrity and Evidence-based Policymaking” which President Trump revoked on January 20, 2025.

Establishes policy of the US to “expedite and promote to the fullest possible extent the production and operation of nuclear energy to provide affordable, reliable, safe, and secure energy to the American people, to power advanced nuclear reactor technologies, and to build associated supply chains that secure our global industrial digital dominance, achieve our energy independence, protect or national security, and maximize the efficiency and effectiveness of nuclear fuel through recycling, reprocessing, and reinvigorating the commercial sector.”

Within 240 days, requires the Secretary of Energy to prepare and submit to the President a report that:

• recommends national policy to support the management of spent nuclear fuel
• reviews relevant statutory authorities to identify necessary legislative changes to achieve the national policy set forth in the EO
• evaluates the reprocessing and recycling of spent nuclear fuel
• analyzes legal, budgetary, and policy considerations relevant to transferring spent nuclear fuel from reactors to government-owned reprocessing and recycling facilities.
• recommends efficient use of products recovered through recycling and reprocessing
• recommends efficient disposal of waste generated through recycling and reprocessing
• reevaluates nuclear facilities slated for decommissioning
• proposes a program to develop means and methods to transport nuclear fuels domestically and overseas.

Within 120 days, requires the Secretary of Energy to develop a plan to expand domestic uranium conversion capacity and expand enrichment capabilities.

Directs the Secretary of Energy to halt the surplus plutonium dilute and dispose program and establish a new program to dispose of surplus plutonium by processing and making it available to industry.

Within 90 days, directs the Secretary of Energy to update the Department’s excess uranium management policy to align with the policy objectives in the EO.

Within 30 days, directs the Secretary of Energy to seek voluntary agreements pursuant to section 708 of the Defense Production Act with domestic nuclear energy companies.

Directs the Department of Energy to prioritize work with the nuclear energy industry to facilitate 5 gigawatts of power uprates to existing nuclear reactors and have 10 new large reactors with complete designs under construction by 2030.  To accomplish this, the Department shall prioritize funding activities that support nuclear energy.

Establishes policy of the Department of Energy to “ensure that financial assistance award recipients and the individual projects are…financially sound and economically viable, aligned with national and economic security interests, and consistent with Federal law.”  The policy further states DOE’s intention to conduct focused reviews of awards to ensure consistency with that stated policy.  DOE will request information and financial assistance recipients must provide written responses with supporting documentation within established timeframes.  If DOE determines that a project does not meet its standards, DOE may modify or terminate the project, based on the outcome of DOE’s evaluation.  If a grant recipient fails to respond to DOE’s requests or provides incomplete information, “DOE may treat as the recipient’s refusal to cooperate as grounds for termination of the award or withholding of funding.”

This Executive Order seeks to address the issue of federal regulations that impose criminal penalties without clear standards for public awareness.

1. Purpose: The order seeks to reduce the regulatory burden on Americans, prevent unjust criminalization for unknowingly violating regulations, and promote fairness by discouraging strict liability offenses (crimes without requiring proof of intent).​
2. Policy:  The EO establishes of policy that criminal enforcement of regulatory offenses is disfavored. Prosecutions should focus on cases where individuals knowingly violate regulations, causing or risking harm and agencies are encouraged to use civil or administrative enforcement for strict liability offenses.​
3. Transparency:
   • Agencies must explicitly define criminal regulatory offenses, their penalties, and applicable mens rea (state of mind) standards.​
   • Future regulations with criminal consequences must clearly state mens rea requirements and authorizing statutes.​
4. Reporting Requirements:
   • Agencies must submit annual reports listing all criminal regulatory offenses, penalties, and mens rea standards, and make these reports publicly available.
   • Criminal enforcement of offenses not listed in these reports is discouraged.​
5. Mens Rea Standards:
   • Agencies are tasked with reviewing and potentially adopting default mens rea standards for criminal regulatory offenses to ensure fairness.​
6. Referral Guidelines:
   • Agencies must publish guidance on factors to consider before referring alleged violations for criminal enforcement, such as harm caused, defendant’s knowledge, and awareness of the regulation.
7. Exemptions:
   • The order does not apply to immigration enforcement or regulations related to national security or defense.​
8. Implementation:
   • The order must be implemented in accordance with existing laws and available resources, and it does not create enforceable legal rights for individuals.​

Executive Order seeks to increase efficiency at the Federal Register to support the deregulatory initiative and reduce costs.  The President directs the Archivist of the United States to work with the Office of Federal Register and the Government Publishing Office to modernize systems and reduce bureaucracy.  The President further directs the agencies to prepare reports on average publication times and fee schedules and submit those reports to the Office of Management and Budget.  Deadlines for reports are:

• within 15 days of the Executive Order (May 24) for the average publication time
• Within 45 days (June 23) for fees schedule
• August 22, 2025 for second report capturing timelines for publication between July 15 and August 15

Executive Order establishes a policy of the United States to streamline the regulation of manufacturing of pharmaceutical products in the US to facilitate the restoration of a “robust domestic pharmaceutical manufacturing base.”  Much of the EO is focused on reviews of regulations by the Food and Drug Administration as it relates to pharmaceutical manufacturing approvals.  However, Sections 5, 6, and 7 of the EO focus on permitting of such facilities:

Section 5 directs the EPA, within 180 days (November 4) to update regulations and guidance that apply to the inspection and approval of new and expanded manufacturing capacity of pharmaceutical products, active pharmaceutical ingredients, and other inputs.

Section 6 identifies the EPA as the lead agency under FAST-41 for the permitting of pharmaceutical manufacturing facilities, unless that role is assumed by another agency.

Section 7 directs the US Army Corps of Engineers, within 180 days (November 4) to review nationwide permits issued under Clean Water Act Section 404 and Rivers and Harbors Act Section 10 to determine whether an activity-specific nationwide permit is needed to facilitate permitting of pharmaceutical manufacturing facilities.

OMB Memorandum providing guidance to agencies on implementing the Presidential Memorandum (PM) “Directing the Repeal of Unlawful Regulations” (April 9, 2025).

Section 2(c) of the EO directed agencies to produce and provide to the Office of Information and Regulatory Affairs (OIRA) with a list of all regulations determined to be unlawful or potentially unlawful, by April 21, 2025.  By May 21, 2025, the PM requires that agencies submit to OIRA a one-page summary of each regulation identified as unlawful but which has not yet been targeted for repeal.  The guidance in this OMB memorandum provides additional direction to agencies when determining which regulations should be repealed or not.

1. General Requirements:
   • Agencies must assess whether there are legitimate reliance interests on regulations under review, but these interests are generally outweighed by the need to repeal unlawful regulations.​
   • Repeals should be published in the Federal Register, detailing legal insufficiencies and addressing whether the repeal qualifies for the Administrative Procedure Act’s good-cause exception.​
2. Compliance Factors: Agencies are instructed to evaluate regulations based on legal precedents and specific factors, including:
   • Alignment with statutory authority (e.g., Loper Bright Enterprises v. Raimondo). ​
   • Implications of the major question doctrine (e.g., West Virginia v. EPA). ​
   • Constitutionality of enforcement mechanisms (e.g., SEC v. Jarkesy).​
   • Cost-benefit analysis (e.g., Michigan v. EPA, Ohio v. EPA).​
   • Federal jurisdiction over state authority (e.g., Sackett v. EPA). ​Consistency with the Takings Clause (e.g., Cedar Point Nursery v. Hassid).
   • *Elimination of racial discrimination (e.g., Students for Fair Admissions v. Harvard).
   • Equal treatment of religious institutions (e.g., Carson v. Makin, Roman Catholic Diocese of Brooklyn v. Cuomo). ​

Agencies are required to coordinate with OIRA to repeal unlawful regulations or justify their retention through one-page summaries. ​

The Office of Management and Budget (OMB) issued guidance, in form of a memorandum (M-25-27), implementing Section 6 of EO 14154 “Unleashing American Energy.” The guidance directs agencies to “review their various statutory, regulatory, and other policy requirements that govern regulatory and permitting decisions, and limit their analysis and consideration of greenhouse gas emissions only to that plainly required in their governing statutes.”  It reaffirms that “it is no longer Federal government policy to maintain a uniform estimate of the monetized impacts of greenhouse gas emissions.”

The guidance enumerates eight items for agencies to consider when evaluating the inclusion of greenhouse gas emissions in policy or permitting decisions which focus on the agency’s statutory responsibility to evaluate and consider greenhouse gas emissions in their decision making process.  If existing policy, guidance or regulations require GHG analysis but are unsupported by explicit requirements in statute, the agency is directed to update or rescind those policy/guidance/regulations and remove any requirement associated with GHG evaluation that is not substantiated.  For those agencies engaging in GHG quantification consistent with case law, the agencies are further directed to not monetize the impacts.

OMB Guidance that outlines the overhaul of the Federal Acquisition Regulation to streamline procurement processes and reduce unnecessary regulations in accordance with Executive Order 14275 “Restoring Common Sense to Federal Procurement” which aims to eliminate excessive acquisition regulations and focus on reducing transaction costs and improving efficiency in federal procurement. ​

Federal Acquisition Regulation (FAR) Changes

• Nearly 3,000 directives in FAR to be streamlined.
• Non-statutory regulations will be replaced with buying guides.​
• Emphasis on simplicity, usability, and national security interests.

Implementation Actions

• Establishment of a dedicated FAR Oversight website on Acquisition.gov. ​
• Agencies must identify senior procurement officials by May 1, 2025. ​
• Agencies to issue deviations to align with FAR Council guidance within 30 days.​

Training and Testing

• Federal Acquisition Institute and Defense Acquisition University to modernize training.​
• Agencies encouraged to test new strategies and share results.​
• Buying guides will be updated as best practices evolve.

Establishes policy of the US to advance leadership in seabed mineral development by:

• rapidly developing domestic capabilities and supporting investment in deep sea science, mapping and technology
• creating a robust domestic supply chain for critical minerals extracted from the seabed
• strengthening partnerships with allies to counter China’s influence

The Executive Order directs that within 60 days of issuance:

• The Secretary of Commerce shall expedite the process for reviewing and issuing seabed mineral exploration licenses and commercial recovery permits under the Deep Seabed Hard Mineral Resouces Act (30 U.S.C. 1401) and prepare a report that describes private sector interest in seabed mineral mining in the Outer Continental Shelf as well as private sector interest for polymetallic nodule and other seabed mineral resource processing capacity; develop a plan to map priority areas of the seabed with abundant undersea resources
• The Secretary of the Interior shall establish an expedited permitting process for prospecting and granting leases for seabed mineral resources in the Outer Continental Shelf; identify which critical minerals can be derived from seabed resources
• Secretaries of Defense and Energy shall provide a report that addresses the feasibility of using the National Defense Stockpile for storing materials derived from seabed polymetallic modules and explore the use of grant and loan authorities and the Defense Production Act (50 U.S.C. 4501)

Secretary Duffy issued a reminder to federal aid/grant recipients that emphasized the Department’s focus on ensuring that project sponsors “follow the law.” The letter calls out diversity, equity, and inclusion programs which violate the Equal Protection principles of the constitution and substantiates their position by citing recent Supreme Court decision Students for Fair Admission, Inc. v. Harvard which found that “[t]he clear and central purpose of the Fourteenth Amendment was to eliminate all state sources of invidious racial discrimination in the States.” The letter goes on to cite the Civil Rights Act and applicable non-discrimination clauses in the Federal Aid Highway Act of 1973 and the Airport and Airway Improvement Act of 1982. The thrust of the argument is that USDOT will potentially withhold funding or seek other remedies against federal funding recipients who engage in “illegal” DEI initiatives. In addition to focusing on DEI, the letter also reaffirms the legal obligation of grantees to cooperate “with Federal authorities in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement.” The press release is available to read here.

The Department has provided notice to the Advisory Council on Historic Preservation (ACHP), all State Historic Preservation Offices (SHPOs), Tribal Historic Preservation Offices (THPOs), and Indian tribes that the Department will rely on emergency provisions set forth in 36 CFR 800.12(b)(2).  Those emergency procedures require that for each project/undertaking that seeks to use the alternative procedures that the Department will notify the ACHP and relevant SHPOs and THPOs and Indian Tribes of the specific energy project for which they intend to use the emergency section 106 alternative procedures and seek comment within 7 days of the notice.

In response to the President’s declaration of an energy emergency, the Department has developed alternative procedures for informal, expedited consultation to comply with Section in accordance with 50 CFR 402.05.  The alternative procedures require that:

• The federal action agency inform US Fish and Wildlife Service (FWS) about the proposed action and decision to use the alternative consultation procedures
• The federal action agency coordinated with FWS in accordance with 50 CFR 402.05(a) and proceeds with the proposed action if the necessary requirements of other departments and agencies are met.
• As soon as practicable after the termination of the energy emergency, the federal action agency will follow 50 CFR 402.05(b) and provide information necessary to initiate consultation. At that time, FWS will deliver either a biological opinion or letter of concurrence as appropriate.

In order for these alternative procedures to apply, the project must:

• seek to identify, lease, develop, produce, transport, refine, or generate energy resources as defined in Section 8(a) of EO 14156; and
• have an active application for a plan of operations, permits to drill or other applications

Further, the applicant must affirm in writing that they wish to have their project covered by the alternative procedures.

Leveraging authority in 43 CFR §46.150, the Department, in coordination with CEQ, has established alternative procedures to satisfy the requirements of NEPA.

Notably, the project sponsor must affirm in writing that they want the Department to leverage the emergency procedures to satisfy NEPA for their project.

For projects likely to require an environmental assessment, the Department will develop a focused, concise and timely environmental assessment that addresses the purpose and need, alternatives, mitigation measures, and a brief description of environmental effects within approximately 14 days of receiving a complete application.  If the EA supports a Finding of No Significant Impact, such documentation should be prepared concurrently within the same period of approximately 14 days.  Both the EA and FONSI will be published on a public website, however there is no requirement for public comment.

For projects likely to have significant environmental impacts, the Department will:

• Publish a notice of intent on a public website soliciting written comments and announcing a public meeting (in person or virtual) to be held during the preparation of the EIS
• Public comment duration is subject to Departmental discretion and will be based on the nature of the action and the urgency of the emergency response but most comment periods are expected to be approximately 10 days.
• The EIS will be focused, concise, and timely – addressing the purpose and need for the proposed action, alternatives, and a brief description of environmental effects and prepared within 28 days of publishing the NOI.
• The EIS will be published on a public website but there is no requirement to publish a draft EIS before finalizing and issuing a record of decision.

DOI Press Release here.

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.

OMB issued guidance on implementing Executive Order 14192 “Unleashing Prosperity Through Deregulation”  in the form of questions and answers for agencies in their implementation of Section 3 of the EO.

Key points from the EO reaffirmed in the guidance:

• 10-for-1 Requirement: whenever an agency proposes a new regulation, the agency should identify at least 10 existing regulations to be repealed
• Incremental Cost  Significantly Less Than Zero: For FY 2025, the heads of all agencies are directed to ensure that the total incremental costs of all new regulations is significantly less than zero.
• Offsetting Incremental Cost Increases: Any new incremental costs from new regulations should be offset by the recission of at least 10 prior regulations

The remaining guidance, in Q&A form, provides additional context and instruction on how to comply with the requirements of the EO.

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.