Federal policy on environmental regulations, 2017-2018
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During his time on office, President Donald Trump has signed executive orders directing the Environmental Protection Agency (EPA) to consider formally repealing Clean Power Plan, a federal rule finalized in 2015 aimed at reducing carbon dioxide and similar emissions from power plants, and an order directing the EPA to rewrite or repeal the 2015 Waters of the United States rule, which was issued by the EPA in 2015 to expand the bodies of water under federal jurisdiction. In addition, Trump has signed legislation repealing the U.S. Bureau of Land Management's (BLM) Planning 2.0 rule, which would have revised federal procedures on public participation in BLM decisions and the use of data and technology in mining, drilling, and logging decisions.
This page tracked major events and policy positions of the Trump administration and the 115th United States Congress on environmental regulations from 2017 and 2018. This page was updated through 2018. Think something is missing? Please email us at editor@ballotpedia.org.
This page summarizes legal and administrative actions taken by the Trump administration on environmental regulations in 2017 and 2018. For greater detail, see the links below for more information on each policy area.
Trump administration on environmental regulations
Trump administration proposes rule to replace Clean Power Plan (August 2018)
On August 21, 2018, the Environmental Protection Agency (EPA) released its proposal for the Affordable Clean Energy (ACE) rule, which, if adopted, would replace the Clean Power Plan, a regulation adopted during the Obama administration whose enforcement was enjoined by the Supreme Court of the United States in 2016. If implemented, the ACE rule would do the following:[1]
- Set greenhouse gas emission guidelines for states, allowing states to determine their specific emission standards for existing coal-fueled power plants (under the Clean Power Plan, emission standards were set by the federal government)
- Identify technologies that could be used by states to meet their emission standards
- Extend the timeline for states to develop greenhouse gas emission reduction plans from nine months to three years
- Extend the timeline for the EPA to act on a state plans from four months to one year
- Extend the timeline for the EPA to implement a federal plan in the absence of a state plan from six months to two years
The EPA estimated that the ACE rule would reduce carbon dioxide emissions by between 13 and 30 million short tons by 2025. Once the ACE rule is printed in the Federal Register, the EPA will accept comments on the proposal for a period of 60 days. A public hearing on the proposal will be scheduled sometime thereafter.[1]
In a statement, Andrew Wheeler, acting administrator of the EPA, said, "The ACE rule would restore the rule of law and empower states to reduce greenhouse gas emissions and provide modern, reliable, and affordable energy for all Americans. Today's proposal provides the states and regulated community the certainty they need to continue environmental progress while fulfilling President Trump's goal of energy dominance." Hal Quinn, president of the National Mining Association, also praised the proposal: "Advancing the nation’s environmental protections does not have to come at the expense of American families, risking the reliability of our grid and sidestepping the law. The EPA and the Trump administration should be applauded for articulating a clear, legal proposal that considers the interests of all Americans."[2]
Gina McCarthy, former EPA administrator during the Obama administration, criticized the proposal: "What is most galling and appalling to me about this rule, is it creates a huge loophole in current clean air protections, that is essentially a huge gimme to coal-fire power plants. Why is EPA selling out its mission to protect health and our kids' future, by pretending it’s meeting the agency’s legal responsibility to take action on climate change with this proposal?" Richard Revesz, director of the Institute for Policy Integrity at NYU School of Law, also disapproved of the plan: "In regulating greenhouse gas pollution, the EPA is legally required to use the 'best system of emission reduction,' not a mediocre or downright counterproductive system of emission reduction. This proposal is an enormous step backwards, and it will have severe repercussions for public health and the climate."[3]
Courts rule EPA must enforce Clean Air Act provision (June 2018)
On June 13, 2018, federal courts in both Maryland and New York ruled that the EPA must enforce the “Good Neighbor provision” of the Clean Air Act. The provision requires the EPA to prohibit states from producing air pollution that could cross state borders. Though the Trump Administration fought against enforcing the provision, both courts separately ruled that the EPA must enforce the provision by a court-ordered deadline—September 15 in the Maryland case and December 8 in the New York case.[4]
EPA classifies burning wood as carbon neutral (April 2018)
On April 23, 2018, EPA Administrator Scott Pruitt announced that the agency will classify burning wood as carbon neutral. Pruitt said that the change will help U.S. manufacturing and create jobs. Environmental groups argued that classifying burning wood as carbon neutral will have a negative impact on global warming. Congress had attempted to pass a similar provision in a 2016 energy bill.[5]
EPA considers easing greenhouse gas rules for cars (April 2018)
On April 2, 2018, Environmental Protection Agency (EPA) Administrator Scott Pruitt announced that the Trump administration was considering easing greenhouse gas rules for cars made between 2022 and 2025. Pruitt said, "EPA will set a national standard for greenhouse gas emissions that allows auto manufacturers to make cars that people both want and can afford — while still expanding environmental and safety benefits of newer cars. It is in America's best interest to have a national standard, and we look forward to partnering with all states, including California, as we work to finalize that standard.” [6]
Pruitt specifically addressed California in his statement because, under the Clean Air Act, California sets stricter standards than the federal government sets for vehicle emissions. Twelve other states also follow California's guidelines.[6]
The announcement was criticized by California state officials. Mary Nichols, chairwoman of the California Air Resources Board (CARB), said in a statement, “This is a politically motivated effort to weaken clean vehicle standards with no documentation, evidence or law to back up that decision. This is not a technical assessment, it is a move to demolish the nation’s clean car program. EPA’s action, if implemented, will worsen people’s health with degraded air quality and undermine regulatory certainty for automakers.”[6]
California Attorney General Xavier Becerra (D) said Pruitt’s announcement “risks our ability to protect our children’s health, tackle climate change, and save hardworking Americans money.” He also said that he would “file suit if needed to protect these critical standards.”[6]
Caifornia and 16 states sue Trump administration
On May 1, 2018, California, 16 other states, and the District of Columbia filed a lawsuit against the Trump administration for announcing its intent to roll back a 2012 rule that would require cars made between 2022 and 2025 to get 36 miles of real-world driving per gallon. California Attorney General Xavier Becerra (D) said the Environmental Protection Agency (EPA) violated the Administrative Procedures Act and violated the Clean Air Act when it announced its intent to change the rule.[7][8]
Becerra said, “The evidence is irrefutable: today’s clean car standards are achievable, science-based and a boon for hardworking American families. But the EPA and Administrator Scott Pruitt refuse to do their job and enforce these standards. … Enough is enough. We’re not looking to pick a fight with the Trump administration, but when the stakes are this high for our families’ health and our economic prosperity, we have a responsibility to do what is necessary to defend them.”[7]
California, Connecticut, Delaware, the District of Columbia, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, and Washington joined the lawsuit, which was filed in the U.S. Court of Appeals for the District of Columbia.[7]
BLM leases drilling plots near Bear Ears monument (March 2018)
On March 20, 2018, the Bureau of Land Management auctioned off all of the available land for oil and gas drilling in Utah, including plots near the Bear Ears national monument. Conservationist groups protested leasing these plots, fearing that drilling near the monument would cause damage to the environment and public health. According to The Hill, none of the lands sold were the ones that lost their monument status late in 2017..[9]
EPA announces new rule to give states control over coal ash disposal (March 2018)
On March 1, 2018, the Environmental Protection Agency announced a new rule that will give states more autonomy to decide how to dispose of coal ash, a toxic byproduct of burning coal. The EPA said that the rule will save utilities up to $100 million annually.[10]
Pruitt comments on potential human benefits of global warming (February 2018)
On February 6, 2018, EPA Administrator Scott Pruitt questioned whether global warming will have negative impacts on humans. He argued that humans have historically prospered in times of climate warming, saying, “I think there’s assumptions made that because the climate is warming, that that necessarily is a bad thing.” Pruitt’s comments go against what The Hill called a "general scientific consensus that humans are the main contributors to the planet’s rising temperatures due to the greenhouse effect."[11]
BLM reduces regulation of land leases for oil and natural gas drilling (February 2018)
On February 1, 2018, the Bureau of Land Management announced its shortening of the process of leasing public land for oil and natural gas drilling. The new process limits the period in which opponents of leases can protest to 10 days and repeals the Obama-era policy that allowed other users of the land to object to its lease. Though conservationist groups argued that the new policy would cause environmental damage and prevent citizens from participating in the adjudication of public lands, the U.S. Department of the Interior argued that the change will allow the growth and development of useful energy sources.[12]
Pruitt delays implementation of Obama-era water regulation rule (January 2018)
On January 31, 2018, EPA Administrator Scott Pruitt announced that the EPA would delay the implementation of the Clean Water Rule by two years. The rule, put in place by the Obama administration, was ordered to be repealed by President Donald Trump, but the action was stopped by the Supreme Court earlier in January. Originally meant to go into effect in 2015, the rule gave the federal government control over the regulation of small waterways to prevent water pollution. Proponents of the Clean Water Rule, including the Natural Resource Defense Council, argued that the rule is necessary to control dangerous water pollutants. Opponents of the rule, however, argue that it gives federal agencies too much control over land nationwide.[13]
EPA withdrawals Clear Air Act provision on major pollution sources (January 2018)
On January 25, 2018, the EPA announced it will eliminate the provision of the Clean Air Act that always considers major sources of pollution as major sources. The provision, referred to as the “once-in always-in” policy, prevented major sources, like power plants, from ever being classified as less-strictly regulated “area sources,” even after changes in emission levels. In a statement, the Assistant Administrator of the EPA Office of Air and Radiation, William L. Wehrum, said that the withdrawal of the provision will increase the incentive for major sources of pollution to lower their emissions. Critics of the policy change argued that the removal of this regulation will have environmental consequences that could harm public health.[14][15]
Proposed repeal of Clean Power Plan (October 2017)
On October 10, 2017, EPA Administrator Scott Pruitt issued a proposed rule to repeal the plan, arguing that the plan "was premised on a novel and expansive view of Agency authority" and "ignored states' concerns and eroded longstanding and important partnerships that are a necessary part of achieving positive environmental outcomes." The EPA argued that the Obama administration's cost and benefit estimates for the plan were uncertain and/or controversial. The EPA also estimated that the plan's repeal would provide up to $33 billion in avoided compliance costs. Attorney Generals Eric Schneiderman (D-N.Y.) and Maura Healey (D-Mass.) announced that they would sue the EPA over the repeal. Healey argued that the "decision to abandon the Clean Power Plan violates the law." Schneiderman argued that the repeal involves "putting industry special interests ahead of New Yorkers’ and all Americans’ safety, health, and the environment."[16][17][18]
Proposed repeal of BLM methane rule (July 2017)
On July 25, 2017, the U.S. Department of the Interior formally proposed to repeal the methane rule issued by the U.S. Bureau of Land Management (BLM) to limit methane emissions at oil and natural gas production sites on federal land. The rule would have required oil and gas operators to receive BLM approval for fracking on federal land; require BLM verification of well casing for safety and adequacy; and notify the BLM of and make publicly available all non-trade secret chemicals used during fracking. In its proposed repeal, the department argued that the 2015 rule is duplicative of existing federal and state regulations and would cost the oil and gas industry up to $47 million per year.[19]
On June 14, 2017, the U.S. Department of the Interior announced it would postpone compliance for a rule issued in 2016 by the U.S. Bureau of Land Management (BLM) to limit methane emissions at oil and natural gas production sites on federal land. The rule would have required oil and gas operators to comply with the rule beginning on January 17, 2018. However, the Interior Department announced it would postpone the compliance date due to "the regulatory uncertainty created by the pending litigation and the ongoing administrative review."[20]
Withdrawal from Paris agreement (June 2017)
On June 1, 2017, President Donald Trump announced that the United States will withdraw from the Paris Climate Agreement. Under the agreement, signatory countries pledge to reduce carbon dioxide and similar emissions in an effort to limit human-caused climate change. Trump argued that the agreement was unfair to the United States, would reduce jobs, and would have little effect on global temperatures if fully implemented. Trump announced that he would either renegotiate the agreement's terms or negotiate a new agreement favorable to the United States. In addition, Trump said the United States would cease payments to the Green Climate Fund, a United Nations-managed plan to finance climate change mitigation efforts and emissions reduction programs for developing countries.[21][22][23][24][25]
Ozone standards (June 2017)
- See also: Federal policy on ozone standards, 2017
On June 6, 2017, the EPA announced it would delay for one year the implementation of revised 2015 ground-level ozone (smog) standards issued by the Obama administration. EPA Administrator Scott Pruitt notified state governors that the EPA will determine which areas and regions do not meet the 2015 ozone standard by October 2018. Under the original implementation plan, the EPA was slated to determine nonattainment areas (areas that do not meet the standard) in June 2017 and to finalize its decisions in October 2017. On August 2, 2017, the EPA announced it would reverse its delay of the standards and would move forward with their implementation, stating, "The EPA has continued to discuss and work with states concerning designations, and now understands that the information gaps that formed the basis of the extension may not be as expansive as we previously believed."[26]
Executive order on Clean Power Plan (March 2017)
- See also: Clean Power Plan and Clean Power Plan political timeline
On March 28, 2017, President Trump signed an executive order directing the Environmental Protection Agency (EPA) to consider formally repealing the Clean Power Plan, a federal rule finalized in 2015 aimed at reducing carbon dioxide and similar emissions from existing oil, coal, and natural gas-fired power plants. The rule was issued by the Obama administration to reduce emissions that may contribute to human-caused global warming. Additionally, Trump's executive order lifted the U.S. Department of the Interior's moratorium on new coal mine leases on federal land. Trump said that the executive order is aimed at ending the war on coal, a term used by opponents of the Obama administration's climate and energy regulations, which they argue will lead to the closure of coal-fired power plants and eliminate jobs in the coal industry. Trump promised during the campaign to reverse regulations on coal mining and coal-based electricity generation.[27]
Executive order to repeal Waters of the United States rule (February 2017)
On February 28, 2017, President Trump signed an executive order directing the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers to reconsider and rewrite the Waters of the United States rule, which was finalized in 2015 to expand the bodies of water under federal jurisdiction. The rule would require private individuals, groups, or businesses to receive a federal permit if their activities could result in discharges of dredged and fill materials into regulated waters. Before signing the order, Trump said, “The Clean Water Act says that the EPA can regulate navigable waters, meaning waters that truly affect interstate commerce. But a few years ago, the EPA decided that navigable waters can mean nearly every puddle or every ditch on a farmer’s land, or any place else that they decide." Proponents of the rule, such as the Natural Resources Defense Council, argue that the rule is necessary to clarify which bodies of water fall under federal jurisdiction in order to limit potential pollutant discharges in areas affected by developmental activities. Opponents of the rule, such as the American Farm Bureau Association, argue that it is an unnecessary expansion of federal regulation that would negatively affect private individuals and businesses and would produce few to no environmental benefits.[28]
Repeal of BLM land use rule (March 2017)
In 2016, the U.S. Bureau of Land Management (BLM) issued a regulation known as the Planning 2.0 rule. The rule included changes to resource management policies at the federal level. The rule would revise federal procedures on public participation in BLM decisions and the use of data and technology in mining, drilling, and logging decisions. Proponents of the rule, such as the Wilderness Society, argue that it would increase public participation in federal land use decisions and improve the agency's ability to implement land management policies in response to changing economic, social, and environmental circumstances. Opponents of the rule, such as the Western Energy Alliance, argue that it would limit public participation from states and localities by concentrating land use decision-making at the federal level and would undermine the multiple-use management policy enacted under the Federal Land Policy and Management Act of 1976, which states that federal land must be managed to balance various needs, including conservation, energy production, and grazing.[29][30][31]
On March 27, 2017, President Trump signed the resolution reversing the Planning 2.0 rule.[32]
On March 7, 2017, the U.S. Senate passed a resolution under the Congressional Review Act to reverse the Planning 2.0 rule. The resolution was passed by a vote of 51 to 48.[33]
On February 8, 2017, the U.S. House of Representatives passed a resolution under the Congressional Review Act to reverse the Planning 2.0 rule. The resolution passed by a vote of 234 to 186.[34]
Proposed repeal of EPA methane rule (June 2017)
On June 13, 2017, the U.S. Environmental Protection Agency (EPA) proposed to delay for two years the implementation of a rule limiting methane emissions from oil and natural gas operations on private land. The EPA rule was issued in May 2016 under the Obama administration. The rule would require oil and gas operators to follow federal standards for equipment and employee certification and to limit the flaring and venting of methane at drilling sites. Under the delay, oil and gas operators are not required to comply with the rule. The EPA first announced that it would formally review and rescind its methane rule in April 2017.[35]
On July 31, 2017, the U.S. Court of Appeals for the District of Columbia Circuit in a 9-2 decision ordered the EPA to enforce the Obama administration's 2016 methane rule. The judges ruled on July 3, 2017, that the EPA could not delay the rule's enforcement (see the paragraph below for details). Neither ruling affects the EPA's April 2017 decision to begin repealing the rule administratively.[36]
Recent news
The link below is to the most recent stories in a Google news search for the terms Donald Trump environmental regulations. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
- Federal policy on energy and the environment, 2017-2020
- Federal policy on climate change, 2017
- Federal policy on energy, 2017-2018
Footnotes
- ↑ 1.0 1.1 Environmental Protection Agency, "FACT SHEET: Proposed Affordable Clean Energy Rule — Overview," August 21, 2018
- ↑ The Hill, "EPA unveils new Trump plan gutting Obama power plant rules," August 21, 2018
- ↑ CNBC, "Trump administration reveals greenhouse gas rule for power plants to replace Obama-era plan," August 21, 2018
- ↑ The Hill, "Courts deal blow to EPA over Clean Air Act," June 13, 2018
- ↑ The Hill, "Pruitt declares that burning wood is carbon neutral," April 23, 2018
- ↑ 6.0 6.1 6.2 6.3 The Hill, "Calif. to fight Trump’s ‘politically motivated’ car standards plan," April 2, 2018
- ↑ 7.0 7.1 7.2 The Hill, "17 states sue Trump administration over rolling back vehicle emission standards," May 1, 2018
- ↑ CBS News, "California, 16 other states sue EPA over auto emissions rollbacks," May 1, 2018
- ↑ The Hill, "Drillers snag leases near Bear Ears monument," March 21, 2018
- ↑ The Hill, "New EPA rule gives states power to determine coal ash disposal," March 1, 2018
- ↑ The Hill, "EPA administrator questions 'assumptions' that global warming is bad," February 7, 2018
- ↑ The Hill, "Interior rolls back oil drilling policies for federal land," February 1, 2018
- ↑ The Hill, "EPA delays Obama water rule," January 31, 2018
- ↑ Reuters, "U.S. EPA reverses policy on 'major sources' of pollution," January 25, 2018
- ↑ EPA.gov, "Memorandum: Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act," January 25, 2018
- ↑ Environmental Protection Agency, "EPA Takes Another Step To Advance President Trump's America First Strategy, Proposes Repeal Of 'Clean Power Plan'," October 10, 2017
- ↑ MassLive.com, "AG Maura Healey to sue Trump administration over rollback of Clean Power Plan," October 9, 2017
- ↑ New York Attorney General's Office, "A.G. Schneiderman On Clean Power Plan: I Will Sue To Stop Repeal," October 9, 2017
- ↑ Federal Register, "Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands; Rescission of a 2015 Rule," July 25, 2017
- ↑ The Hill, "Interior set to delay methane pollution rule," June 14, 2017
- ↑ The Hill, "Trump to pull US out of Paris climate deal: reports," May 31, 2017
- ↑ Axios, "Scoop: Trump is pulling U.S. out of Paris climate deal," May 31, 2017
- ↑ Huffington Post, "Donald Trump Reportedly Plans To Withdraw From Paris Climate Deal," May 31, 2017
- ↑ Reuters, "Trump pulling U.S. out of Paris climate deal: source," May 31, 2017
- ↑ Washington Post, "Trump to announce U.S. will exit Paris climate deal," June 1, 2017
- ↑ The Hill, "EPA delays Obama air pollution rule deadline by one year," June 6, 2017
- ↑ The Hill, "Trump signs order to roll back Obama's climate moves," March 28, 2017
- ↑ The Hill, "Trump directs EPA to reconsider Obama water rule," February 28, 2017
- ↑ Oil and Gas Journal, "Republicans file CRA resolutions to disapprove BLM Planning 2.0 rule," January 31, 2017
- ↑ Western Energy Alliance, "Land use plans," accessed March 7, 2017
- ↑ Denver Post, "House votes to kill BLM 'Planning 2.0' rule aimed at giving residents of Colorado and the West greater control over public land," February 8, 2017
- ↑ USA Today, "Trump signs four bills to roll back Obama-era regulations," accessed March 27, 2017
- ↑ The Hill, "Senate passes bill ending Obama-era land rule," March 7, 2017
- ↑ The Hill, "House passes bill to block Obama land planning rule," February 7, 2017
- ↑ The Hill, "EPA moves to halt methane rules for two years," June 13, 2017
- ↑ The Hill, "Court tells EPA to enforce Obama methane rule," July 31, 2017
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