In the twelve weeks since Inauguration Day, President Trump has issued dozens of executive orders, a number of which are designed to reverse the nation’s momentum on clean energy and climate action. He has sought to upend burgeoning clean energy industries and is now targeting state climate action programs.
Trump’s environmental and energy executive order rollbacks have been the focus of considerable public consternation, as one major clean energy project after another has had its funding withdrawn or its permits paused. State Attorneys General and Governors have largely responded along party lines: support from “red” state leaders; condemnation from “blue” state leaders, with several launching court action against some of the ensuing executive and agency actions. As we move into the spring and summer, expect state leaders to continue asserting themselves as the federal government attempts to reshape the nation’s energy policy.
Building on our previous post on United States energy policy under Trump, this post gives a brief overview of State AG and Governor responses to twelve climate and energy-focused executive actions.
Regulatory Freeze Pending Review: Directs federal agencies to pause the proposal or issuance of rules until they have been reviewed and approved by a Trump appointee.
Date Issued: January 20, 2025
Related Developments:
- March 13, 2025: Eight Democratic State AGs sent a comment letter to the Department of Energy, urging it to allow implementation of walk-in cooler and freezer energy efficiency standards established during the Biden Administration. The DOE delayed the effective date of the new standards by one month (to March 21, 2025) the day before they were supposed to come into effect and cited the Regulatory Freeze Pending Review executive order. The State AGs argued that “no legal, factual, or policy issues” support the delay and that it would harm consumers and businesses.
Putting America First In International Environmental Agreements: Withdraws the U.S. from the Paris Climate Agreement for the second time. Sets new priorities for American foreign energy policy.
Date Issued: January 20, 2025
Related Developments:
- January 20, 2025: New York Governor Kathy Hochul (D) and New Mexico Governor Michelle Lujan Grisham (D) delivered a letter to the Executive Secretary of the UN Framework Convention on Climate Change on behalf of the U.S. Climate Alliance, a bipartisan coalition of twenty four U.S. state governors committed to net-zero emissions. The letter says that member states “will continue America’s work to achieve the goals of the Paris Agreement and slash climate pollution” in spite of the Federal withdrawal from the agreement. Twenty-two Democratic governors, one Republication governor, and one New Progressive Party governor comprise U.S. Climate Alliance membership.
Unleashing American Energy: Declares a policy to increase domestic energy production through the use of fossil fuels, biofuels, critical minerals, and nuclear energy (omits wind and solar); and a policy to end the “electric vehicle (EV) mandate.” Directs agencies to “immediately pause disbursement of funds” appropriated through the Inflation Reduction Act and the Bipartisan Infrastructure Law. Revokes twelve Biden Administration executive orders.
Date Issued: January 20, 2025
Related Developments
- January 21, 2025: West Virginia Governor Patrick Morrisey (R) praised the order, saying “West Virginians applaud President Trump for fulfilling his promise to unleash American energy.” He also pledged to work with Trump so that West Virginia’s “coal and natural gas industries can ‘win like never before.’”
- March 12, 2025: To advance President Trump’s executive orders, EPA Administrator Lee Zeldin announced thirty one deregulatory measures. To unleash American energy, EPA will reconsider (1) regulations on power plants, (2) regulations “throttling” the oil and gas industry, (3) Mercury and Toxics Standards that “improperly targeted” coal-fired power plants, (4) a mandatory greenhouse gas reporting program, (5) guidelines for the steam electric power generating industry, (6) wastewater regulations for the oil and gas industry, and (7) a risk management program for natural gas refineries and chemical facilities.
- March 13, 2025: Democratic Governors pledged to continue to pursue their climate change goals despite the order. Oregon Governor Tina Kotek (D) said, “I guarantee that climate action will continue in Oregon.” New York Governor Hochul (D) directed “the New York State Department of Environmental Conservation to use its full authority to continue to protect New York's natural resources and environment.” She also pledged to work with State AG Letitia James to defend natural resources in court.
- March 14, 2025: Montana Governor Greg Gianforte (R) celebrated the actions EPA took to advance the executive order, calling it “[a] historic move that will bring much-needed relief to Montanans.”
- For more on the OMB Memorandum which froze federal funding, see our prior post here.
Declaring a National Energy Emergency: Declares a national energy emergency and directs federal agencies to expedite the identification and use of domestic energy resources. Defines energy to include fossil fuels, uranium, biofuels, geothermal heat, flowing water, and critical minerals, while omitting solar and wind. Directs the EPA to consider issuing emergency fuel waivers to allow year-round sale of E15 gasoline.
Date Issued: January 20, 2025
Related Developments:
- February 18, 2025: Thirteen Democratic State AGs sent a letter to the U.S. Senate Committee on Energy and Natural Resources, urging it to support Senate Joint Resolution 10 which would end the energy emergency. They argued that there “is no energy emergency. American energy production is at an all-time high and our electricity grid is resilient.” On February 26, 2025, Senate Joint Resolution 10 failed in the Senate.
- March 6, 2025: Sixteen Republican State AGs sent a letter to congressional leadership advocating for an act which would give all states access to E15 fuel year-round. The letter cites the national energy emergency executive order. See summary below National Energy Dominance Council order for more detail.
- March 20, 2025: Twenty-three Republican State AGs sent a letter to Department of the Interior Secretary Doug Burgum supporting coal as an energy source to relieve the national energy emergency. It supports using coal to meet the energy needs of artificial intelligence. The State AGs of West Virginia, North Dakota, and Wyoming led the letter. In the days after it was sent, South Carolina AG Alan Wilson (R) issued an additional statement supporting the letter, as did Alabama AG Steve Marshall (R).
Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects: Withdraws all areas on the Outer Continental Shelf from offshore wind leasing. Prevents agencies from issuing new or renewed approvals and permits for wind projects until there has been a “comprehensive assessment and review of Federal wind leasing and permitting practices.” Halts Idaho’s Lava Ridge Wind Project, pending review by the Secretary of the Interior.
Date Issued: January 20, 2025
Related Developments:
- January 22, 2025: Idaho Governor Brad Little (R) signed an executive order directing all Idaho state agencies to “fully cooperate with the review process initiated by President Trump’s executive order.” He also described the executive order as a reversal of Biden Administration overreach. The same day, a spokesperson for Rhode Island Governor Dan McKee (D) said Rhode Island is still “committed to advancing offshore wind and the long-term benefits it provides for our state and region.”
- February 3, 2025: New Jersey started its fourth round of offshore wind solicitation in May 2024 and it was recently cancelled. New Jersey Governor Phil Murphy (D) said that offshore wind development “is a once-in-a-generation opportunity” but that the industry “is currently facing significant challenges, and now is the time for patience and prudence.” He supported the decision to suspend the fourth solicitation.
Unleashing Alaska’s Extraordinary Resource Potential: Seeks to maximize natural resource development on federal and state lands in Alaska. Prioritizes liquified natural gas extraction and rescinds the cancellation of leases within the Arctic National Wildlife Refuge
Date Issued: January 20, 2025
Related Developments:
- January 22, 2025: Alaska Governor Mike Dunleavy (R) held a press conference “to describe the magnitude of the benefit President Trump’s executive actions provide Alaskans.” There, he thanked Trump for supporting Alaska. Alaska AG Treg Taylor (R) also issued a statement, saying this was “a golden opportunity” which would “bring prosperity and opportunity for all Alaskans.”
Ending Radical And Wasteful Government DEI Programs And Preferencing: Directs federal agencies to end all diversity, equity, inclusion, accessibility, and environmental justice offices, programs, and roles.
Date Issued: January 20, 2025
Related Developments:
- March 12, 2025: The EPA announced it was closing its Environmental Justice division and its Diversity, Equity, and Inclusion division. A press release stated that these changes, “in line with Presidential Executive Orders, ensure the EPA is best positioned to meet its core mission.” Employees in those divisions had been on administrative leave since February 11, 2025 as part of the EPA’s implementation of the executive order.
- March 12, 2025: In the wake of these events, Indiana Governor Mike Braun (R) signed an executive order “prohibiting the use of environmental justice in permitting, enforcement, or grant decisions” in Indiana.
Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border: Imposes a 25% tariff on imported Canadian goods and a 10% tariff on energy resources effective February 4, 2025. Allows the President to modify the scope of the tariffs.
On February 3, Trump paused implementation of the tariffs for thirty days. On March 4, the tariffs went into effect. The same day, Canadian Prime Minister Justin Trudeau announced tariffs on $100 billion of American goods. On March 10, the premier of Ontario announced a 25% tariff on electricity sold to the United States in response to the Trump tariff. On March 11, Trump announced he was doubling tariffs on all Canadian steel and aluminum to 50%, leading Ontario to suspend its planned 25% energy tariff.
Date Issued: February 1, 2025
Related Developments:
- January 31, 2025: Democratic Governors issued statements ahead of the order. Maine Governor Janet Mills (D) said the tariffs “will drive up energy prices, increase the costs of every day goods that Maine people rely on, roil markets, and destabilize our economy.” Massachusetts Governor Maura Healey (D) issued a similar statement.
- February 4, 2025: Vermont Governor Phil Scott (R) created a multi-agency team to assess the impacts of tariffs on Vermont and stated that “we should be fair and take time to understand” the President’s goals “before we cast judgement.”
- March 3, 2025: Democratic governors issued statements before the tariffs came into effect. Massachusetts Governor Healey (D) said the tariffs “will cause gas and heating costs to skyrocket on Massachusetts residents and businesses.” Colorado Governor Jared Polis (D) made similar points. As did California Governor Gavin Newsom (D).
- March 5, 2025: Minnesota Governor Tim Walz (D) met with the premiers of Ontario and Manitoba to discuss alleviating tariff impacts. A few days later, New York Governor Kathy Hochul (D) also spoke with the premier of Ontario on the tariffs.
- March 13, 2025: Colorado Governor Polis (D) declared March 15, 2025 Colorado Canada Friendship Day. Four days later, Governor Polis said the tariffs were “creating market chaos, hurting business investment, and damaging our economy.”
Establishing the National Energy Dominance Council: Establishes the National Energy Dominance Council to advise the President on energy-related matters like making the U.S. energy dominant, facilitating energy production, and planning long-term energy policy strategy.
Date Issued: February 14, 2025
Related Developments:
- March 6, 2025: Sixteen Republican State AGs sent a letter to congressional leadership to advocate for the Nationwide Consumer and Fuel Retailer Choice Act of 2025 which would give all states access to E15 fuel year-round. The letter states that currently only eight states have year-round access to the fuel; other states use E10 fuel. E15 fuel contains 15% ethanol and 85% gasoline. Ethanol is a biofuel often derived from corn in the United States. The letter mentions the executive order creating the Council and states that “America’s farmers are ready to step up and do their part to contribute to America’s energy dominance.” The Iowa State AG led the letter.
Protecting American Energy From State Overreach: Directs the Attorney General to identify state and local laws, regulations, and policies “burdening” domestic energy development. Directs the AG to “expeditiously take all appropriate action to stop the enforcement of State laws.” Targets New York and Vermont climate superfund laws, and California’s cap and trade program.
Date Issued: April 8, 2025
Related Developments:
- April 8, 2025: U.S. Climate Alliance co-chairs New York Governor Kathy Hochul (D) and New Mexico Governor Michelle Lujan Grisham (D) vowed to keep advancing “solutions to the climate crisis.”
Regulatory Relief For Certain Stationary Sources To Promote American Energy: Grants coal plants a two-year exemption from 2024 EPA regulations with a 2027 compliance date which created higher standards for controlling mercury, lead, nickel, and arsenic emissions.
Date Issued: April 8, 2025
Related Developments:
- April 8, 2025: Kentucky AG Russel Coleman (R) praised the executive order.
Reinvigorating America’s Beautiful Clean Coal Industry and Amending Executive Order 14241: Bolsters the coal industry. Designates coal as a mineral under the March 20, 2025 Executive Order 14241. Orders the creation of a report identifying coal reserves on Federal lands and proposing policies to enable mining. Directs prioritization of coal leasing as the primary land use for public lands with coal resources. Orders identification of “regions where coal-powered infrastructure is available and suitable for supporting AI data centers.”
Date Issued: April 8, 2025
Related Developments:
- April 8, 2025: West Virgina Governor Patrick Morrisey (R) and WV State AG JB McCuskey (R) expressed their support for the coal-focused executive orders. As did Wyoming Governor Mark Gordon (R).
These executive orders are just weeks old and have already sparked discussion and action from coast to coast. We will continue monitoring these developments and the progression of the second Trump Administration’s climate, energy, and environmental policy.
