Donald Trump’s new presidency may reverse Biden’s net-zero emission policies, but it will be no simple feat.
At a Glance
- Trump plans to roll back Biden-era net-zero emission regulations.
- The process involves complex legal and procedural challenges, including the APA.
- Congressional action through the Congressional Review Act is key, but time-limited.
- Trump’s agency appointments and coordination with the DOJ are crucial for deregulation success.
Reversing Regulations
President-elect Donald Trump aims to dismantle Biden’s net-zero emission policies, targeting the vast array of regulations introduced during Biden’s term. Analysts indicate that the process will not be straightforward and reversing these regulations will require adherence to the Administrative Procedures Act (APA), which necessitates formal processes for altering established “final rules.”
Trump can rescind Biden’s executive orders with his own, but rules enacted formally require more strategic maneuvers. According to experts like Dan Goldbeck, “Executive orders will drive the overarching regulatory policy goals of the next administration.” The Biden administration left a heavy regulatory footprint with 1,114 new rules, which Trump seeks to overturn.
With Donald Trump expected to turn back climate progress, here's what Biden should focus on for the remainder of his presidential term. https://t.co/aGmXANt5db
— Fast Company (@FastCompany) November 14, 2024
Congressional Review Act
The Congressional Review Act (CRA) emerges as a powerful tool in Trump’s arsenal, allowing Congress to disapprove regulations within approximately six months of enactment. To succeed in using the CRA, both houses of Congress and the President must express disapproval. Biden’s administration anticipated CRA challenges, finalizing some rules early to avoid scrutiny. Engaging Congress will thus be a fundamental strategy for Trump’s deregulatory efforts.
“You do need to undergo rule-making to change rule-making, but a lot of the Biden administration mandates weren’t issued through rule-making,” said Matt Bowman.
Court challenges provide another avenue for deregulation, where regulations can be rapidly annulled if found illegal. Trump’s promised focus on fossil fuel support and reversing EPA regulations highlights the significant shift envisioned, with industry influence already poised to draft executive orders for the new administration.
Strategic Appointments and Legal Challenges
Personnel choices in federal agencies will play a decisive role in Trump’s environmental and energy strategies. With each appointment, the Trump administration can mold the regulatory framework to support its policy goals. Coordination among federal agencies and the Department of Justice will be paramount to ensuring the consistent execution of deregulatory agendas. Additionally, Trump announced a new department led by notable figures such as Elon Musk and Vivek Ramaswamy, aimed at overseeing regulatory reduction and enhancing government efficiency.
Catherine Wolfram’s prediction, “We know that Trump would take us out of the Paris agreement, and that would be the last time his administration uttered the word ‘climate,’” resonates with Trump’s broader agenda to diminish Biden’s environmental policies and shift focus toward bolstering traditional energy sectors.
Alongside regulatory changes, Trump’s promised support for fossil fuel production challenges international agreements and signals a potential withdrawal from the Paris Agreement. This move aligns with the administration’s broader intention to repeal influential acts like the Inflation Reduction Act, which poses a potential risk to the growth seen in the clean energy sector.
