Environmental organizations across the United States are gearing up for a significant legal confrontation with President Donald Trump’s administration. These groups are preparing to challenge the administration’s aggressive attempts to bypass federal regulations concerning oil, gas, and coal development. Since January, the administration has primarily relied on emergency powers and executive orders to dismantle regulations perceived as barriers to increased fossil fuel production.
Recently, President Trump issued an executive order requiring federal agencies to eliminate all existing energy regulations by the next year. In a separate memorandum, he authorized agencies to repeal certain regulations without public input. Federal authorities have also communicated to companies that they can request exemptions from clean air regulations via email, exempted numerous firms from mercury and air toxics limitations, expedited a controversial oil pipeline project in the Great Lakes, and bypassed a court-mandated environmental review of thousands of oil and gas leases on federal lands.
These actions challenge existing legal frameworks, including the Administrative Procedure Act of 1946, which mandates that agencies publish notices of proposed and final regulations and allow for public commentary. Regulatory policy experts have noted that the administration is testing these legal doctrines to potentially implement a new policy framework.
Earthjustice, an environmental group, is actively recruiting attorneys to prepare for legal battles against these moves. The organization aims to significantly increase its legal team, currently consisting of around 200 lawyers, to effectively respond when the administration begins implementing its directives, such as the order to eliminate all federal energy regulations.
The White House has not commented on the potential legal challenges anticipated from environmental groups. However, recent proposals by the Interior and Commerce Departments have provided possible targets for legal action, such as a rule that would allow projects to degrade the habitats of endangered species. Environmental Integrity Project’s director of law and policy highlighted this as a pivotal opportunity to challenge administration policies.
Legal experts suggest that contesting temporary exemptions for coal-fired power plants from mercury and air toxics limits could be more challenging. President Trump invoked a provision of the Clean Air Act of 1990, which permits exemptions for national security reasons or if necessary technology is unavailable. This provision has yet to be legally tested, presenting unique challenges in court.
Earthjustice anticipates ongoing legal challenges against the administration’s actions in the coming years. The organization remains committed to contesting policies that they view as non-compliant with established legal precedents, despite the administration’s potential disregard for such precedents.