In the two weeks following his second-term inauguration, President Donald Trump issued dozens of executive orders, many of which focus on energy independence and streamlining governmental approvals. The long-term ramifications of the executive orders are not yet known; however, some short-term impacts have already been felt across industries.
This eAlert summarizes several of the executive orders that may have a measurable impact on the transportation and energy sectors. In our next eAlert, we will focus more specifically on how the various executive orders may impact review under the National Environmental Policy Act (NEPA) and the outcomes of NEPA-related federal litigation, including Marin Audubon Society v. Federal Aviation Administration and Seven County Infrastructure Coalition v. Eagle County, Colorado.
Executive Order and Memorandum Summaries
Executive Order 14156 – Declaring a National Energy Emergency
As its name implies, this order declares a national energy emergency and orders federal agencies to use their emergency authorities to facilitate identification, leasing, siting, producing, transporting, refining and generating domestic energy resources. The order defines “transportation” as “the physical movement of energy” including through pipelines and defines “energy” or “energy resources” to include, among other things, various types of products, including crude oil, natural gas, uranium, coal, biofuels and geothermal heat. Notably, wind and solar resources are not included in the definition of “energy” or “energy resources.”
The order also directs the U.S. Army Corps of Engineers and other agencies to use emergency permitting provisions under the Clean Water Act and Endangered Species Act (ESA) to the “fullest extent possible” to facilitate the nation’s energy supply and direct the ESA Committee, which includes leaders of six federal agencies, including the Department of the Interior and the National Oceanic and Atmospheric Administration, and is commonly known as the “God Squad,” to meet at least quarterly in order to review and resolve applications or licenses seeking exemption from the ESA.
Presidential Memorandum – Regulatory Freeze Pending Review
Under this memorandum, agencies are prohibited from proposing or issuing any new rules or guidance, including sending the same to the Federal Register for publication, until the Trump administration approves the action, unless a statutory or judicial deadline applies. Additionally, the memorandum requires immediate withdrawal of rules sent to, but not yet published in, the Federal Register and recommends agencies postpone effective dates of published rules that have not yet taken effect by 60 days.
Agencies have begun withdrawing rules that had been under review by the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA). As of January 31, 2025, 71 rule proposals had reportedly been withdrawn from OIRA, including several ESA-related rules, and agencies have paused sending any items to the Federal Register that are covered by this order.
Executive Order 14148 – Initial Rescissions of Harmful Executive Orders and Actions
This order rescinds 78 executive orders and memoranda issued under President Biden, including:
- Executive order 14052 (Implementation of the Infrastructure Investment and Jobs Act [IIAJA])
- Executive order 14082 (Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act [IRA] of 2022)
- Executive orders addressing climate change, including Executive Order 13990 (Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis) and Executive Order 14008 (Tackling the Climate Crisis at Home and Abroad)
Executive Order 14173 – Ending Illegal Discrimination and Restoring Merit-Based Opportunity
In addition to prohibiting use of diversity, equity, inclusion and accessibility considerations in federal programs and decision-making, this order rescinds an executive order issued by President Clinton in 1994 (Executive Order 12898) which underpins current environmental justice initiatives across federal agencies.
Executive Order 14158 – Establishing and Implementing the President’s “Department of Government Efficiency” (DOGE)
This order requires the highest ranking official within each agency to establish a DOGE team of at least four employees, which should include a DOGE team lead, engineer, human resources specialist and attorney, to implement the “DOGE agenda,” which itself has not been made publicly available.
Presidential Memorandum – Hiring Freeze
This memorandum suspends hiring of most federal civil employees and requires the Director of the OMB, within 90 days of the order, to submit a plan to reduce the size of the federal workforce.
Executive Order 14154 – Unleashing American Energy
This order takes a number of steps aimed at removing regulatory roadblocks to developing energy resources within the nation’s borders. To address this issue, the order:
- Requires rescission of NEPA implementation regulations
- Requires Council on Environmental Quality (CEQ) issue NEPA guidance that emphasizes efficiency and certainty
- Requires federal agencies to “undertake all available efforts” to eliminate delays in permitting processes
- Declares national policy to encourage energy exploration and production on federal land and water in order to protect national security
- Rescinds executive orders issued by President Biden that focus on renewable energy
- Requires agencies, within 30 days, to review existing regulations, orders, guidance, policies and actions and to revise or suspend actions that unduly burden development of energy resources
- Requires agencies refrain from disbursing funds appropriated through IIAJA or IRA while consistency reviews are being undertaken
In response to this order, OMB issued “Guidance Regarding Section 7 of the Executive Order entitled Unleashing American Energy” (M-25-11) which required all federal agencies to immediately pause disbursing funds appropriated under the IIJA and IRA. OMB Memorandum M-25-11 created confusion across agencies. For example, the Federal Highway Administration (FHWA) temporarily paused repayment to state and local governments for work completed under relevant program, but later reversed the pause.
On January 27, 2025, OMB issued a broader Memorandum for Heads of Executive Departments and Agencies (M-25-13) which directed federal agencies to pause disbursement of all federal financial assistance. OMB Memorandum M-25-13 swiftly drew two lawsuits seeking declarations that the memorandum is unlawful, temporary restraining orders, and permanent injunctions. On January 28, 2025, the U.S. District Court for the District of Columbia issued administrative stay to temporarily block implementation of the OMB Memorandum as it relates to “open awards” already granted by the federal government. The administrative stay expires February 3, 2025. On Friday, January 31, 2025, the U.S. District Court for the District of Rhode Island issued a temporary restraining order against the federal defendants, despite the fact the underlying memorandum has been rescinded.
Presidential Memorandum – 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
This memorandum prohibits Department of the Interior, Department of Agriculture, Department of Energy, Environmental Protection Agency and other federal agencies from issuing any new or renewed approvals, rights-of-way, permits, leases, or loans for onshore or offshore wind projects pending the administration’s assessment of the economic and environmental impact of wind leasing and permitting practices. No timeline given for completion of this assessment. The order also requires temporary withdrawal of offshore areas from offshore wind leasing.
Department of the Interior Secretarial Order 3415 – Department of the Interior Secretarial Order: Temporary Suspension of Delegated Authority
On January 20, 2025, the Department of the Interior (DOI) issued Order Number 3415, suspending for 60 days the delegated authority of DOI bureaus and agencies to engage in rulemaking and permitting activities. Pursuant to this order, agencies and bureaus within DOI are prohibited from:
- Publishing any notice in the Federal Register, including proposed and final rules, incidental take permit applications under the ESA, and actions taken under NEPA
- Issuing, revising, or amending resource management plans under the Federal Land Planning Management Act
- Granting rights-of-way, easements, land sales, exchanges, or notices to proceed under previous surface use authorizations for ground-disturbing activities
- Issuing any authorization relating to onshore or offshore renewable energy projects
The prohibitions set forth in the order do not apply to existing operations under valid leases or authorization necessary to avoid conditions that could pose a threat to human health or safety or to avoid adverse impacts to public land or mineral resources.
The U.S. Fish & Wildlife Service has temporarily suspended issuance of eagle general permits under the Bald and Golden Eagle Protection Act (Eagle General Permits) to wind facilities until further notice, ostensibly in response to both the DOI order and in connection with President Trump’s executive order requiring review of the federal government’s leasing and permitting practices for wind projects.
Department of Transportation Order: Ensuring Reliance Upon Sound Economic Analysis in Department of Transportation Policies, Programs, and Activities
This order, issued on January 30, 2025, applies to all Department of Transportation (DOT) operating administrations and offices within the Secretary of Transportation. The order requires DOT programs and policies to avoid adverse impacts on families and communities, prohibits DOT-assisted or -supported programs or state contracts being used to further “local political objectives” or to fund projects or goals “purely local in nature.” Further, the memorandum requires priority be given to projects that adhere to all statutory Buy America requirements and do not depend on continuous or future support from DOT for improvement or maintenance. Finally, to the extent permitted under the law, the memorandum requires that DOT-supported or -assisted funding, including under state contracts, prioritize projects that:
- Utilize user-pay models
- Direct funding to local opportunity zones
- Mitigate impacts of DOT programs on “families and family-specific difficulties” and must “give preference to communities with marriage and birth rates higher than the national average”
- Prohibit fund recipients from imposing vaccine or mask mandates
- Require local compliance or cooperation with federal immigration enforcement and other goals and objectives specified by the President or DOT Secretary
Nossaman will continue to monitor for updates to existing presidential orders and memoranda and issuance of new orders relevant to the transportation and energy sectors.
