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CLEE has compiled nearly 200 rollbacks, listed below, based on the tracking information from Columbia Law School’s Sabin Center, Harvard Law School, and other sources. These rollbacks were then assessed for impact and difficulty of reversal. Impact was determined based on the rollback’s effect on the environment, health, climate, and across federal programs. Reversal was deemed “easy” if the rollback was undertaken through executive order, agency guidance, or other action that can be reversed by executive or agency direction; and “difficult” for finalized rules. Where appropriate, we also propose reversal strategies. (Note: We credit the Sabin Center with an “S.C.” notation where we have adapted from its “Climate Reregulation in a Biden Administration” report.)
During the Spring 2021 semester, UC Berkeley undergraduates Jack Gil, Taylor Kavieff, and Ashley Soliman researched and designed infographics for a selection of high-impact rules initiated during the Obama Administration, reversed by the Trump Administration, and now under consideration for reversal by the Biden Administration. The infographics offer a user-friendly introduction to understanding the rules’ pathway through the federal rulemaking process, from initial statutory authorization to proposed and final rules: Vehicle Emissions Infographic | Power Plant Emissions Infographic | Oil & Gas Emissions Infographic
Total rollbacks: 210
Total reversals complete or in progress: 120 (Last updated 5/2/21)
Please contact clee@law.berkeley.edu with any comments or suggestions.
1Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act
Rule Completed Under Agency Review |
Description Weakened environmental review under NEPA. The new rules shorten the time frame for completing environmental studies, limit the types of projects subject to review, and no longer require federal agencies to account for a project’s cumulative effects on the environment, such as climate change. Final Rule
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2Draft National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions
Draft Guidance In Progress
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Description CEQ has proposed new guidelines on consideration of GHG emissions and climate change in NEPA reviews. CEQ repealed the Obama-era guidance in 2017. The draft is vague when it comes to GHG quantification and discourages agencies from using the social cost of carbon. Draft Guidance
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3Guidance Document Procedures
Rule Completed
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Description Pursuant to Executive Order 13891, this final rule established a new process that CEQ must follow for issuing guidance documents (similar to guidance requirements issued by DOE, DOI, and EPA). In addition to establishing new procedures for agency guidance documents, including publishing all guidance documents online, the new rule requires that all “significant” guidance documents must go through notice-and-comment rulemaking. OIRA would make the determination as to what constitutes “significant guidance.” Final Rule
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1Tax Cuts and Job Act of 2017
Legislation Completed |
Description Tax Cuts and Jobs Act lifted ban on drilling in the Arctic National Wildlife Refuge. Section 20001(c) requires the Secretary of the Interior to conduct at least two lease sales, each covering at least 400,000 acres, in the Coastal Plain within ten years of the date of enactment of the Act. The law says DOI must conduct one lease sale within four years (2021) and another within seven (2024). Tax Cuts and Jobs Act
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2Nullification of BLM’s Planning 2.0 Rule
Nullified Rule with CRA Completed
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Description Reversed an update to the Bureau of Land Management’s public land-use planning process that would have helped BLM readily address changing conditions caused by climate change. CRA Revocation
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1Test Procedure Interim Waiver Process
Rule Completed Under Agency Review |
Description Rule streamlines the process by which an appliance manufacturer can obtain a temporary, interim waiver from test procedure requirement. Interim waivers would be granted if DOE fails to respond to the waiver request within 30 days. Final Rule
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2Fast-Tracking Small-Scale Natural Gas Exports
Rule Completed
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Description Expedited the applications approval process for small-scale U.S. exporters of natural gas to non-free trade agreement countries. Expanding natural gas production and transmission infrastructure also locks in the use of natural gas, and recent studies have found that such infrastructure emits significantly more methane than previously estimated. Final Rule
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3Extending Natural Gas Export Authorities to Non-Free Trade Agreement Countries through 2020Rule Completed |
Description DOE extended the standard 20-year term for authorization to export small-scale natural gas to non-FTA countries. Under the rule, non-FTA authorization holders can apply to extend their export term through 2050. Final Rule
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4Revision of DOE NEPA RegulationsRule Completed |
Description DOE revised its NEPA regulations to categorically exclude “[a]pprovals or disapprovals of new authorizations or amendments of existing authorizations to export natural gas . . . and any associated transportation of natural gas by marine vessel” from the environmental assessment requirement. By categorically excluding natural gas exports from NEPA review, the revision could limit the consideration of greenhouse gas emissions associated with the overall natural gas export process. (S.C.) Final Rule
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5Energy Conservation Program: Definition for General Service LampsRule Withdrawal Completed Under Agency Review |
Description Withdrew 2017 rule updating definitions of general service lamps (GSLs) and general service incandescent lamps (GSILs), which would have nearly doubled the number of light bulbs subject to energy-efficiency standards. Final Rule Withdrawal
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6Energy Conservation Program: Standards for General Service Incandescent LampsRule Completed Under Agency Review |
Description Repealed light bulb efficiency standards for general service incandescent lamps. Final Determination
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7Energy Conservation Program: Standards for Residential Furnaces and Commercial Water Heaters
Proposed Rule Completed Under Agency Review |
Description DOE published a final interpretive rule on energy conservation standards for residential furnances and commercial water heaters. The rule determines that use of non-condensing technology (and associated venting) constitute a performance-related ‘‘feature’’ under the Energy Policy and Conservation Act (EPCA) that cannot be eliminated through adoption of an energy conservation standard. The rule therefore creates two separate product classes for these appliances. Final Rule
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8Energy Conservation Program: Test Procedure for Electric Motors
Rule Completed Corrected Implementation Delayed |
Description DOE promulgated a rule declining to expand the scope of the motor test procedures, which efficiency and consumer advocates and electric utilities explained would leave a significant portion of the market unregulated and sacrifice energy savings. The rule was published in the Federal Register on January 4, 2021 and will go into effect on February 3, 2021.
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9Nuclear Safety Management
Rule Completed |
Description Changed Nuclear Safety Management regulations to remove requirements that are considered duplicative or not effective. The Defense Nuclear Facilities Safety Board comments that the changes would erode DOE’s nuclear safety regulatory framework. Final Rule
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10Energy Conservation Program for Appliance Standards: Process and Economic Justification Rules
Rule Completed New Rule Proposed |
Description Amended DOE’s “process rule,” which governs the process of updating standards for each product covered by EPCA’s appliance energy conservation standards. Final Rule Amended DOE’s related “walk-down” rule for economic justification assessments: Final Rule
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11Energy Conservation Standards for Manufactured Housing
Withdrew Proposed Rule Completed |
Description Abandoned June 2016 proposed rule that sought to establish energy conservation standards for manufactured housing, as required by the EISA. Additional information from the Sabin Center. Notice of Proposed Rulemaking
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12Energy Conservation Program: Standards for Dishwashers
Rule Completed Under Agency Review |
Description Created a product category that would allow some dishwashers to be exempt from energy efficiency standards. Proposed Rule Final Rule
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13Energy Conservation Program: Energy Conservation Standards for Small Electric Motors
Final Determination Completed Under Agency Review |
Description DOE published a final determination declining to issue more stringent small motor efficiency standards, based on its assessment that none of the more efficient standards considered would generate net consumer savings over the average life of the product.
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14Energy Conservation Program: Establishment of New Product Classes for Residential Clothes Washers and Consumer Clothes Dryers
Final Rule Completed Under Agency Review |
Description DOE issued a final rule establishing new product classes for clothes washers and dryers that offer shorter cycle times, potentially enabling creation of less-stringent energy efficiency standards specifically for the short-cycle machines and setting precedent for further product class determinations based on specious “product feature” carve-outs for less-efficient appliances.
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15Procedures for Issuance of Guidance Documents
Final Rule Completed Withdrawal in Process |
Description DOE issued a final rule establishing procedures for issuing DOE guidance documents following EO 13891 (Promoting the Rule of Law Through Improved Agency Guidance Documents). In addition to establishing new procedures for agency guidance documents, the new rule requires that all “significant” guidance documents must go through notice-and-comment rulemaking. OIRA would make the determination as to what constitutes “significant guidance.”
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1Notice of Availability of the National Petroleum Reserve in Alaska Integrated Activity Plan Final Environmental Impact Statement
Environmental Impact Statement Completed
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Description Proposed opening more land in the Alaska National Petroleum Reserve for oil drilling. The Obama administration had designated about half of the reserve as a conservation area. Notice of Availability of EIS
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2Final Environmental Impact Statement: Rulemaking for Alaska Roadless AreasFinal Rule Completed Under Agency Review
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Description In October 2019, the Forest Service proposed to exempt Tongass from the Roadless Rule. This would revert 168,000 old-growth acres and 20,000 young-growth acres to suitable timber lands. In September 2020, the Forest Service published a revised EIS that concluded lifting the Roadless Rule protections in the Tongass would not significantly harm the environment. Trump administration has the authority to finalize this after a 30-day waiting period. On October 29, 2020 the Forest Service published a final rule that exempted the entire Tongass National Forest from the Roadless Rule.
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3Environmental Assessment for Use of Genetically Engineered Agricultural Crops for Natural Resource Management on National Wildlife Refuges in the Southeastern USEnvironmental Assessment Completed |
Description FWS released a final EA for the use of genetically engineered crops in wildlife refuges in the Southeast. FWS concluded that there was no significant impact from this change and thus a more in-depth environmental review was unnecessary. This means that genetically engineered crops could soon be used in certain wildlife refuges, though FWS projects the seeds will first be used in the spring. Environmental Assessment
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4U.S. Fish and Wildlife Service Mitigation PolicyAgency Policy Completed |
Description Revoked a directive for federal agencies to minimize impacts on water, wildlife, land and other natural resources when approving development projects. Policy Withdrawal Announcement
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5Revoked Directors Order #100Agency Policy Completed |
Description NPS rescinded Director’s Order #100, which reaffirmed that resource stewardship was a preeminent duty of the NPS. The policy specifically recognized that climate change is creating shifts in the park environments and visitor experiences. Rescinded Director’s Order
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6Rescinded Climate Change and Mitigation Manuals (DOI Secretarial Order 3360)Agency Policy Completed
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Description Secretarial Order 3360 rescinded the DOI Manuals on Climate Change Policy and LandscapeScale Mitigation Policy, the BLM Mitigation Manual, and the BLM Mitigation Handbook. Order No. 3360
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7DOI EIS Limited to 150 Pages (DOI Secretarial Order 3355)
Internal Memorandum Completed
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Description Secretarial Order 3355 restricted most Interior Department environmental studies to one year in length and a maximum of 150 pages, citing a need to reduce paperwork. Order No. 3355
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8Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat
Rules Completed Under Agency Review |
Description In August 2019, FWS issued three final rules changing the way the ESA is applied, making it more difficult to protect wildlife from long-term threats posed by climate change. 1. Final Rule (listing/designation criteria) In August 2020, FWS proposed new rule adding to definition of “habitat. In September 2020, FWS proposed another new rule for designating critical habitat. In December 2020, FWS issued final rules following the August 2020 definition proposal and the September 2020 designation proposal. Final Rule (definition)
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9Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rules to List the Bi-State Distinct Population Segment of Greater Sage-Grouse with Section 4(d) Rule and to Designate Critical Habitat
Proposed Rule, withdrawal In Progress |
Description Opened nine million acres of Western land to oil and gas drilling by weakening habitat protections for the sage grouse. Proposed Rule
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10Water Project Biological Opinions
Agency Policy Completed Under Agency Review |
Description USFWS’s Bay Delta Fish & Wildlife Office relaxed environmental protections for salmon and smelt in California’s Central Valley in order to free up water for farmers. Biological Opinion
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112019-2020 Station-Specific Hunting and Sport Fishing Regulations
Final Rule Completed Under Agency Review |
Description Opened seven National Wildlife Refuges (NWRs) that were currently closed to hunting and sport fishing, expanded hunting and sport fishing at 70 other NWRs, and overturned a ban on the use of lead ammunition and fishing tackle on federal lands. Final Rule
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12Non-Subsistence Take of Wildlife, and Public Participation and Closure Procedures, on National Wildlife Refuges in Alaska
Nullified Rule with CRA Completed |
Description Nullified rule that regulated the hunting of predators in Alaskan wildlife refuges. 2016 Rule CRA Resolution
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13Alaska; Hunting and Trapping in National Preserves
Rule Completed (06/09/20) Under Agency Review |
Description Reversed an Obama-era rule that barred using bait, such as grease-soaked doughnuts, to lure and kill grizzly bears, among other sport hunting practices that many people consider extreme, on some public lands in Alaska. The new rule was opposed by a bipartisan group of 79 members of Congress and hundreds of scientists. Final Rule
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14Regulations Governing Take of Migratory Birds
Final Rule Completed Under Agency Review Implementation Delayed |
Description Precluded enforcement of “incidental takes” under Migratory Bird Treaty Act. Final Rule
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15Negotiated Noncompetitive Agreements for the Use of Sand, Gravel, and/or Shell Resources on the Outer Continental Shelf
Rule Completed |
Description Changed a 25-year-old policy to allow coastal replenishment projects to use sand from protected ecosystems. Final Rule
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16Reversal of Rule Restricting the Sale of Plastic Water Bottles
Agency Policy Completed |
Description Reversed restrictions on the sale of plastic water bottles in national parks designed to cut down on litter, despite a Park Service report that the effort worked. Policy Announcement
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17Guidance to Implement America-First Offshore Energy Strategy (DOI Secretarial Order 3350)
Guidance Completed
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Description Pursuant to EO 13795, DOI published a guidance withdrawing and updating various rules and implement 5-Year Offshore Leasing Program. Order No. 3350
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18Coastal Barrier Resources Sand Policy
Guidance Completed (4/28/17) Under Agency Review |
Description In an informal memo, the Secretary of the Interior David Bernhardt claimed the Office of the Solicitor was reversing its 1994 position to find that the Coastal Barrier Resources Act does not prohibit the use of sand from a protected area for beach replenishment outside of the area, prompting litigation. Informal Memorandum
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19Notice to Lessees Requiring Additional Financial Assurance
Guidance Completed
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Description Rescinded NTL No. 2016-N01, which provided new guidance for when BOEM would require additional financial assurance for leases. Notice to Lessees
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20Offshore Oil and Gas 5 Year Leasing Draft Proposed Program (DPP)
Informal agency action Completed |
Description Pursuant to Secretarial Order 3350, DOI released a draft proposal for a 2019-2024 5-year leasing program that would open most US coastal waters to oil and gas drilling. The program has been put on hold after pushback from states and lawsuits. Draft Proposed Program
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21Oil and Gas and Sulphur Operations on the Outer Continental Shelf- Oil and Gas Production Safety Systems
Rule Completed (09/28/2018) Under Agency Review |
Description Withdrew a requirement that Gulf oil rig owners prove they can cover the costs of removing rigs once they stop producing. Final Rule
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22Blowout Preventer and Well Control Rule
Rule Completed |
Description Revised rule that consolidated and incorporated newer industry standards. Final Rule
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23ONRR 2020 Valuation Reform and Civil Penalty Rule
Proposed Rule Completed Delayed |
Description DOI amended the 2016 Coal, Oil, and Gas Valuation Rule. The new rule provides mechanisms that simplify reporting and promote new and continued domestic energy production. (S.C.) Final Rule
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24Air Quality Control, Reporting, and Compliance
Rule Completed |
Description DOI updated 2016 Offshore Air Quality Rule that would have tightened pollution standards for offshore operations and required improved pollution control technology. Final Rule
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25Enlarging Shasta Dam
Environmental Impact Statement Completed |
Description EIS completed assessing impacts of raising Shasta Dam by up to 18.5 feet. Final EIS
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26Procedures for Issuing Guidance Documents
Interim Final Rule Completed
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Description In addition to establishing new procedures for agency guidance documents, the new rule requires that all “significant” guidance documents must go through notice-and-comment rulemaking. OIRA would make the determination as to what constitutes “significant guidance.” Interim Final Rule
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27BLM Categorical Exclusion from NEPA
Notice of Revisions Completed Under Agency Review |
Description DOI announced that BLM would be categorically excluded from compliance requirements with NEPA, CEQ regulations, as well as other statutes and executive orders. Notice of Revisions
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28Central Valley Project Contracts, Funding, and Allocations
Memorandum Completed |
Description On January 19, 2021, Secretary Bernhardt issued a memo that halted statutorily required Central Valley Project mitigation and restoration funding. Assistant Secretary’s Memo Trump’s DOI executed permanent water contracts for Westlands Water District and other CVP contractors that disregraded the realistic allocations of the public waters. Furthermore, they were issued without proper environmental review or compliance with the Central Valley Project Improvement Act. Media Coverage Trump’s DOI proposed revisions to the CVP Business Practices and Guidelines pending before OMB. The revisions would shift payments owed by the CVP contractors to taxpayers. Press Release The Trump Administration issued cost allocation methodology for the CVP that shifted costs away from water and power beneficiaries. Cost Allocation Study
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29Reassessment of U.S. Bureau of Reclamation Klamath Project Operations to Facilitate Compliance with Section 7(a)(2) of the Endangered Species Act
Memorandum Completed |
Description President Trump issued a memorandum on October 19, 2018, that ordered the Secretaries of Interior and Commerce to deregulate water projects subject to the Endangered Species Act as well as finish their consultation on the Klamath Project by August 2019. In October 2020, DOI issued a memorandum withdrawing agency opinions from the 1990s that accorded senior water rights from the Klamath Project to tribal authorities, and which were affirmed by multiple federal appellate courts. In January 2021, the Bureau of Reclamation released an analysis stating that irrigation water deliveries from the Klamath Project were no longer subject to curtailments under section 7 of the Endangered Species Act. Activists claim these actions further endanger shortnose suckers, Lost River suckers, and coho salmon and violate senior Tribal water rights. Solicitors Klamath Opinion (10-28-20)
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30Addressing DOI Duties Related to Offshore Permitting
Legal Opinion Completed
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Description During the final month of the Trump Administration, a DOI legal memo (M-Opinion 37059) was issued interpreting some of the twelve goals of the Outer Continental Shelf Land Act to be of more importance when in tension when granting leases to “produce or support production, transportation, or transmission of energy from sources other than oil and gas.” This interpretation essentially gave priority to fishing concerns when considering offshore wind projects.
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31S.O. 3351 – “Strengthening the Department of the Interior’s Energy Portfolio”
Agency Policy Completed
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Description DOI created a new position, “Counselor to the Secretary on Energy Policy,” the duties of which include identifying regulations that minimize energy exploration and developing new strategies to expedite energy permits and regulation processes.
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32S.O. 3354 – “Supporting and Improving the Federal Onshore Oil and Gas Leasing Program and Federal Solid Mineral Leasing Program”
Agency Policy Completed
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Description DOI issued an order to ensure quarterly lease sales are consistently held and to identify ways to promote exploration and the development of onshore and offshore oil.
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33S.O. 3358 – “Executive Committee for Expedited Permitting”
Agency Policy Completed
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Description DOI created a committee to promote quick approval of permits for conventional energy resources.
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34S.O. 3385 – “Enforcement Priorities”
Agency Policy Completed
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Description DOI issued a rule limiting the ability of the public to protest on national monuments.
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35SO 3389 – “Coordinating and Clarifying National Historic Preservation Act Section 106 Reviews”
Agency Policy Completed
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Description DOI issued a rule combining reviews under Section 106 ofthe National Historic Preservation Act (NHPA) and those under NEPA, effectively expediting both. Order No. 33859
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36SO 3349 – “American Energy Independence”
Agency Policy Completed
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Description DOI issued a rule implementing Trump’s “Promoting Energy Independence and Economic Growth” (March 28, 2017 E.O.) that significantly changed climate change review and mitigation measures. Order No. 3349
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1Final Environmental Assessment for Lifting the Coal Leasing Moratorium
Environmental Assessment In Progress
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Description In March of 2017, the Secretary of the Interior revoked Secretary’s Order 3338, an Obama administration order pausing coal leasing until environmental analysis was conducted. Secretary’s Order 3348 In February of 2020, BLM published a final Environmental Assessment and finding of no significant impact for reinstating the federal coal leasing program.
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2Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands
Rule Completed Under Agency Review
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Description Rescinded water pollution regulations for fracking on federal and Indian lands. Final Rule
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3Record of Decision for the Final EIS for the Coastal Plain Oil and Gas Leasing Program, AlaskaRecord of Decision Completed Under Agency Review |
Description Pursuant to the Job and Tax Cuts Act of 2017, BLM published an EIS for the Coastal Plain Oil and Gas Leasing Program, identifying a “preferred” program which would make the entire Coastal Plain area under federal control for oil and gas leasing. On August 17, 2020, BLM finalized a record of decision adopting this preferred program. Notice of Availability Record of Decision
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4Revisions to the 2016 Waste Prevention, Production Subject to Royalties, and Resource Conservation RuleRule Completed Under Agency Review |
Description Revised the Obama-era methane rule (“Waste Prevention Rule”) repealing various requirements for waste-minimization plans, gas-capture percentages, well drilling, and reinstating some regulations that were first developed in the 1970s. Final Rule
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5Record of Decision for the Keystone XL Pipeline, MontanaRecord of Decision Completed
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Description Approved the Keystone XL pipeline rejected by President Obama, but a federal judge blocked the project from going forward without an adequate environmental review process. Mr. Trump attempted to sidestep the ruling by issuing a presidential permit. Initial construction has started, but the project remains tied up in court. Notice of Availability Record of Decision
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6Notice of Intent To Prepare EIS for Revision of Grazing Regulations for Public LandsNotice of Intent In Progress |
Description BLM published a Notice of Intent to Draft an EIS to overhaul grazing regulations on public lands in order to increase permitting efficiency. Western Watersheds Project notes concern that the changes will result in decreased enforcement against illegal grazing. Notice of Intent To Prepare EIS
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7Master Leasing Plans
Policy Memo Completed (01/21/18) Under Agency Review |
Description Eliminated the use of Master Leasing Plans, a planning approach introduced by the Obama Administration to manage oil and gas activity on sensitive landscapes, such as national parks, and avoid harmful impacts to sensitive resources. Memorandum
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8Non-Energy Solid Leasable Minerals Royalty Rate Reduction Process
Rule Completed |
Description BLM amended regulations to streamline the royalty rate reduction process for non-energy solid leasable minerals, including soda ash, potash, phosphate, sodium, etc. Final Rule
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9Notice of Intent To Prepare an EIS for the Twin Metals Project in the Superior National Forest
Environmental Impact Statement In Progress |
Description BLM reversed 2016 findings and renewed hardrock mining leases in the Superior National Forest without any environmental review or public input. The prospecting permits allow Twin Metals to drill holes, build roads and do other mining exploratory work throughout more than 15,000 acres of Superior National Forest. BLM then announced its intention to draft an EIS. Notice of Intent To Prepare EIS
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10BLM 20 Year Resource Management Plans
Records of Decision (various) In Progress |
Description Over the last year, BLM has released draft and final plans for Colorado, Alaska, Idaho, Montana, New Mexico, and Oregon that will guide the management of more than 20 million acres of Western lands for the next two decades. The first round of proposals failed to conserve lands that the BLM’s own research deemed worthy of protection and would remove decades-old safeguards from other places, leaving only a fraction of the areas preserved while opening vast swaths to energy and mineral development. Media Coverage
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11Decreased review times for Applications for Permit to Drill (APDs)
Permitting In Progress |
Description For the APDs BLM received from May 2016 through June 2019, overall review times decreased from 196 days to 94 days, or by more than half. BLM officials said that field offices handle APD review prioritization differently and there is no documented process for whether or how to prioritize applications. Govt. Accountability Office Recommended Actions
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12Acreage Exemption for Salvage Foresting
Proposed Rule In Progress |
Description Proposed to categorically exclude timber salvage projects of up to 5,000 acres in size from environmental review under the National Environmental Policy Act (NEPA). Salvage logging is the practice of logging trees that have been damaged by wildfire, insect infestation and disease, drought, and other disturbances. Proposed Rule
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13Draft EIS for the Desert Plan Amendment (California)
Environmental Impact Statement In Progress
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Description BLM issued a draft EIS proposing to amend the Desert Renewable Energy Conservation Plan (DRECP), which details federal lands available for renewable energy development in Southern California desert areas. If adopted, the amendments could remove species and habitat protections from hundreds of thousands of acres of conservation lands. BLM Announcement
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14Forest Management Decision Protest Procedures
Final Rule Completed Under Agency Review |
Description DOI issued a rule limiting the ability of the public to protest BLM timber sale and forest management decisions. Final Rule
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1Overturned Ban on Importing Trophies of African Lions and Elephants
Agency Policy Completed |
Description Withdrew ESA findings banning the import of elephant trophies from Zimbabwe and Zambia. In its place, FWS would instead “grant or deny permits to import a sport-hunted trophy on a case-by-case basis.” Memorandum
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2Endangered and Threatened Wildlife and Plants; Removing the Gray Wolf
Final Rule Completed Under Agency Review |
Description Delisted the gray wolf from the endangered and threatened species throughout the United States except for the Mexican wolf population in the Southwest.
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1Reversal of Rule Requiring Braking System Upgrades for High Hazard Trains
Rule Completed |
Description Reversed an Obama-era rule that required braking system upgrades for “high hazard” trains hauling flammable liquids like oil and ethanol. Final Rule
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2Hazardous Materials: Liquefied Natural Gas by Rail
Rule Completed Under Agency Review |
Description DOT finalized a rule to allow for rail transport of the highly flammable liquefied natural gas. Final Rule
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3Tire Fuel Efficiency Consumer Information
Proposed Rule In Progress |
Description Withdrew then delayed a proposed rule that would inform car owners about fuel-efficient replacement tires. Rule Information
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4National Performance Management Measures for National Highway System
Rule Completed |
Description Removed greenhouse gas reporting requirements and performance standards for state and regional highway planning. Final Rule
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5Clean Fuels Grant Program
Rule Completed |
Description Rescinded implementation of the Clean Fuels Grants Program, which required the FTA to assist nonattainment areas in achieving attainment, support emerging clean fuel technologies for transit buses, and create markets for these technologies. Final Rule
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6Civil Penalties
Rule; delayed Completed |
Description Indefinitely delayed the effective date of an Obama-era rule to increase penalties on automakers that don’t meet fuel efficiency standards (CAFE) standards. Delay Announcement
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7Pipeline Safety: Exercise of Enforcement Discretion Regarding Farm Taps
Final Rule Completed Implementation Delayed |
Description PHMSA announced they would not enforce rules against operators that do not comply with farm tap regulations. Farm taps supply gas to customers in rural areas. PHMSA issued a final rule reducing regulation on pipeline construction, maintenance, and operation. The rule withdrew the prior agency announcement of enforcement discretion.
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8Administrative Rulemaking, Guidance, and Enforcement ProceduresFinal Rule Completed
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Description In December of 2019, the DOT overhauled its procedures, restricting the enactment and enforcement of policies through rulemaking, guidance documents, and administrative and judicial enforcement actions. Bloomberg reports that the restrictive “rules on rules” had the impact of significantly hamstringing the agency, making it challenging to effectuate significant policies in the public interest, ranging from aviation safety to climate change.
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1Streamlined Procedures for Permit Appeals
Rule Completed Under Agency Review |
Description Streamlined EPA’s permit appeal process, limiting the ability of individuals and communities to challenge pollution permits before its Environmental Appeals Board (EAB). Effectively removed EAB’s authority to consider environmental justice impacts in deciding whether to overturn a permit. Final Rule
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2The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program
Rule Completed Reversal in Progress |
Description Revoked California’s authority to set stricter tailpipe emissions standards than the federal government. NHTSA also finalized a new rule purporting to preempt ZEV mandates and state and local regulations on tailpipe greenhouse gas emissions. Waiver Withdrawal and Final Rule
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3The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part Two: Model Years 2021-2026 Passenger Cars and Light Trucks
Rule Completed Under Agency Review |
Description Revised standards for corporate average fuel economy and tailpipe carbon dioxide emissions for passenger vehicles and light-duty trucks for model years 2021-2026. Replaced requirements issued in 2012 that would have achieved a 5% improvement per year in carbon dioxide emissions standards and fuel economy standards for light-duty vehicles. Final Rule
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4Mercury and Air Toxics Standards for Power Plants Electronic Reporting Revisions
Rule Completed |
Description Reduced reporting requirements for hazardous air pollutants for power plants. Final Rule
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5NESHAPs: Coal- and Oil-Fired Electric Utility Steam Generating Units -Reconsideration of Supplemental Finding and Residual RTR (MATS rule)
Rule Completed Under Agency Review |
Description Withdrew the legal justification for an Obama-era rule that limited mercury emissions from coal power plants. EPA also determined that the residual risks from power plant hazardous air pollutant emissions are acceptable and the standards should not be tightened. Final Rule
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6Repeal of Clean Power Plan (“Affordable Clean Energy” Rule)
Rule Completed Under Agency Review
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Description Replaced the Obama-era Clean Power Plan, which would have set strict limits on carbon emissions from existing coal- and gas-fired power plants, with the Affordable Clean Energy Rule. The CPP was expected to reduce emissions by approximately 30% by 2030. EPA projects that the ACE Rule will reduce CO2 emissions by 0.7% by 2030, but it may not reduce them at all. Final Rule
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7Oil and Natural Gas Exploration and Production Facilities Existing Owner Audit Program
Agency Policy Completed
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Description This voluntary program provides total civil penalty mitigation for existing owners of oil and gas wells who find, correct, and self-disclose Clean Air Act violations by the end of this year. The marks the first time that the agency has proposed complete penalty forgiveness. Policy Statement
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8Renewable Fuel Standards Program: Standards for 2019-2021 Biomass-Based Diesel Volume
Rule Completed |
Description EPA finalized an update to the Renewable Fuel Standard Program for 2019 and 2020. Final Rule On 2/6/20, the agency issued updated 2021 Biomass-Based Diesel Volume standards. Final Rule
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9New Source Performance Standards for Methane and VOC (Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Review)
Final Rules Completed Reversal in Progress |
Description Revised new source performance standards (NSPS) for emissions from the oil and gas sector–eliminating regulations of methane, removing the transmission and storage segments from regulation, and limiting EPA’s ability to regulate existing sources. The two actions are referred to as the Review Rule and Reconsideration Rule. The Review Rule breaks with decades of EPA interpretation of the Clean Air Act to take a stance that could limit the ability of EPA to regulate GHG emissions from any source.
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10Halted Development of Methane Emissions Guidelines for Existing Sources (Withdrawal of Obligation To Submit Information)
Information collection request withdrawal Completed Under Agency Review |
Description Withdrew 2016 Information Collection Request for the oil and gas industry, which would have started the development of methane emissions guidelines for existing sources. In June 2017, EPA announced that it would not move ahead with plans to regulate methane emissions from existing sources. Withdrawal Notice
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11Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act (Withdrawal of the Once-in Always-In Policy)
Rule Completed Under Agency Review |
Description Loosened a Clinton-era rule designed to limit toxic emissions from major industrial polluters. Final rule allows thousands of large industrial facilities that are currently regulated as “major” sources to opt-out of protective standards for hazardous air pollutants. Many of the facilities that could increase pollution under the loophole are in low-income communities and communities of color. Final Rule
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12Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Project Emissions Accounting
Rule Completed |
Description Revised a program designed to safeguard communities from increases in pollution from new power plants to make it easier for facilities to avoid emissions regulations. Final Rule
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13NESHAPs and NSPS: Petroleum Refinery Sector
Rule Completed |
Description Amended the 2015 NESHAP and NSPS for petroleum refineries. EPA contended that the amendments were insignificant and would not negatively impact the environment. Many environmental organizations argue that the changes weaken the regulations and provide unnecessary leniency for industry. Final Rule
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14Weakening Obama-era Regional Haze Rule
Guidance Completed Reversal in Progress |
Description In January 2017, the Obama-era Regional Haze Rule went into effect. The rule was meant to reduce air pollution in national parks and wilderness areas. After litigation with states and industry groups, the rule has been held in abeyance and is under review. Final Rule (2017) In April 2018, a presidential directive ordered EPA to review all existing regional haze Federal Implementation Plans (FIPs) and replace them with State Implementation Plans (SIPs). Memorandum In August 2019, EPA published a guidance for state implementation plan development intended to leave emissions controls to states. Critics argue that this guidance allows states to simply ignore how pollution impacts visibility in parks and offers little advice on how to identify pollution sources for emission reduction analysis. Implementation Guidance
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15Regional Haze State Implementation Plans
Litigation In Progress |
Description EPA is also involved in ongoing litigation with multiple states regarding the adequacy of the states’ plans. Through these legal challenges, several states and industry are seeking more lenient technology standards for polluting facilities. Litigation Background
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16Final Subcategory of Certain Existing Electric Utility Steam Generating Units that Fire Coal Refuse
Rule Completed
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Description Relaxed air pollution regulations for a handful of plants that burn waste coal for electricity. Final Rule
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17Significant New Alternatives Policy (SNAP) Program (HFCs)
Guidance Completed Proposed Rule
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Description In April 2018, EPA announced that it would not enforce a 2015 rule restricting the use of hydrofluorocarbons, which are powerful greenhouse gases and climate super-pollutants. Notification of Guidance
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18Protection of Stratospheric Ozone: Revisions to the Refrigerant Management Program’s Extension to Substitutes
Rule Completed Under Agency Review
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Description Revised 2016 rule to limit leak repair and appliance maintenance requirements for ozone-depleting substances. Under the new rule, appliances with 50 or more pounds of substitute refrigerants will no longer be subject to requirements for leak inspection and reporting. Final Rule
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19Withdrawal of Summertime Ban on the Use of E15
Rule Completed
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Description Lifted a summertime ban on the use of E15 (a gasoline blend made of 15% ethanol). Final Rule
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20Emission Guidelines for Municipal Solid Waste Landfills
Rule Completed Under Agency Review
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Description Changed rules to allow states and the EPA to take longer to develop and approve plans aimed at cutting methane emissions from existing landfills. Final Rule
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21Emissions During Periods of Startup, Shutdown and Malfunction (SSM)Rule Guidance Rule Amended
|
Description In 2015, EPA began a review of emissions rules for power plant start-ups, shutdowns and malfunctions and found that thirty-six states must revise their State Implementation Plans under the Clean Air Act to incorporate the new requirements. One outcome of that review: In February 2020, E.P.A. reversed a requirement that Texas follow emissions rules during certain malfunction events. Withdrawal of Texas SIP Call In October 2020, EPA issued a guidance memo that superseded the agency’s 2015 guidance on SSM. Oct. 9, 2020 EPA Guidance
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22Update to Pesticide Application Exclusion Zone Requirement
Rule Completed Under Agency Review
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Description Limited pesticide application buffer zones that are intended to protect farmworkers and bystanders from accidental exposure. Final Rule
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23Repealed the Stream Protection Rule
Nullified with CRA Completed
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Description Scrapped a proposed rule that requires mines to prove they could pay to clean up future pollution. CRA Revocation
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24FY 2018-2022 EPA Strategic Plan
Agency Policy Completed
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Description EPA released a Strategic Plan for Fiscal years 2018-2022 that omits any mention of climate change. Strategic Plan
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25The Navigable Waters Protection Rule: Definition of “Waters of the United States”
Rule Completed Under Agency Review
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Description Repealed 2015 Clean Water Rule and it replaced with Navigable Waters Protection Rule, scaling back pollution protections for certain tributaries and wetlands that were regulated under the Clean Water Act. Final Rule
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26Clean Water Act Section 401 Certification Rule
Rule Completed Under Agency Review
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Description In recent years, states have used their CWA Section 401 authority to deny permits to coal terminals, natural gas export facilities, and pipelines. Pursuant to EO 13868, the EPA updated the requirements for certification to narrow states’ and certain tribes’ authority to condition and block infrastructure projects approved by the federal government. Final Rule On 3/29/21, FERC issued a final rule waiving CWA Section 401 certification requirements for state and tribal authorities. Final Rule
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27Steam Electric Reconsideration Rule
Rule Completed Under Agency Review
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Description In August 2020, EPA released its final revisions to the 2015 steam electric power effluent limitations guidelines and standards for wastewater coming from coal-fired power plants. The rule revises the 2015 standards to extend timelines for compliance and exempt coal facilities that are closing, repowering, or switching to natural gas by 2028. It will go into effect 60 days after it is published in the federal register. Final Rule
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28Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals from Electric Utilities (Coal Ash Rule)
Rules Completed Under Agency Review
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Description In 2015, EPA finalized national regulations on the disposal of coal ash. In August 2020, EPA amended the rule to accurately reflect a 2018 court decision by requiring the closure of all unlined coal ash ponds, including ponds lined with clay and regardless of whether they are currently contaminating groundwater. Final Rule (Part A) However, in October 2020, EPA finalized another rule to allow coal ash pond operators to escape the lining requirement by showing that they are using an alternative method to prevent leaks. The proposed revisions would also allow coal ash ponds that are closing to continue to receive coal ash, so long as the operator receives EPA approval. Final Rule (Part B) In December 2020, EPA published a notice of data availability for its proposed rule reconsidering the agency’s beneficial use definition as well as provisions regarding coal combustion residuals (CCR) piles. The agency sought public comment on its data. Notice of Data Availability
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29Federal Coal Combustion Residuals Permit Program
Proposed Rule In Progress
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Description Proposed a new rule allowing the federal government to issue permits for coal ash waste in Indian Country and some states without review if the disposal site is in compliance with federal regulations. Proposed Rule
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30National Primary Drinking Water Regulations: Lead and Copper Rule RevisionsRule Completed Extended the Effective Date of Rule Proposed Rule on Extending to 12/16/21
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Description Doubled the time allowed to remove lead pipes from water systems with high levels of lead. Final Rule
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31Chlorpyrifos; Final Order Denying Objections to March 2017 Petition Denial Order
Order Completed Reversal in Progress
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Description Rejected a proposed ban on chlorpyrifos, a pesticide linked to developmental disabilities in children. Several states have banned its use and the main manufacturer of the pesticide in 2020 stopped producing the product because of shrinking demand. In September 2020, EPA issued three chlorpyrifos assessments dismissing prior evidence of health risks. Order
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32Trichloroethylene; Regulation of Use in Vapor Degreasing Under TSCA
Proposed Rule In Progress
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Description Narrowed the scope of a 2016 rule mandating safety assessments for potentially toxic chemicals like dry-cleaning solvents. EPA said it would focus on direct exposure and exclude indirect exposure such as from air or water contamination. In November 2019, a court of appeals ruled the agency must widen its scope to consider full exposure risks. Proposed Rule In Nov. 2020, EPA released a new final risk evaluation for TCE. On Jan. 15, 2021, the EPA withdrew two proposed rules on trichloroethylene (TCE), including the proposed rule on TCE use in vapor degreasing, officially terminating the rulemaking. Announcement of Withdrawal of Proposed Rules
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33Accidental Release Prevention Requirements
Rule Completed Under Agency Review |
Description Rolled back most of the requirements of a 2017 rule aimed at improving safety at sites that use hazardous chemicals that was instituted after a chemical plant exploded in Texas. In September 2020, EPA gave notice that it was denying all three petitions for reconsideration of the rule. Final Rule
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34Strengthening Transparency in Regulatory Science
Rule Completed Under Agency Review (1/20/21)
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Description EPA promgulated a rule limiting the studies used by the agency for rulemaking to only those that make data publicly available. The rule would vastly restrict the scientific evidence available to the agency and would provide opponents of EPA rulemaking additional avenues to challenge proposed and final rules. (S.C.)
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35Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process
Rule Completed Under Agency Review |
Description The rule modifies the way cost-benefit analyses are conducted under the Clean Air Act, Clean Water Act and other environmental statutes. Rule would require the agency to limit consideration of co-benefits, such as the public health benefits, and would interfere with EPA’s ability to accurately assess the benefits of greenhouse gas regulations, for example. The rule was made effective immediately invoking the APA’s “good cause” exception. Final Rule
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36National Ambient Air Quality Standards for Particulate Matter
Final Action Completed Under Agency Review |
Description EPA issued a final decision to retain current PM NAAQS despite extensive science showing that existing standards allow thousands of deaths and hospital visits each year. The action went into effect immediately (Dec. 18, 2020) on the basis of the APA’s “good cause” exception. The EPA “seeks to provide regulatory certainty as soon as possible and the Administrator’s decision to retain the current NAAQS does not change the status quo or impose new obligations on any person or entity.”
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37National Ambient Air Quality Standards for Ozone
Final Action Completed Under Agency Review |
Description EPA issued a final decision to retain current ozone NAAQS despite extensive science showing that existing standards allow thousands of deaths and hospital visits each year. The action went into effect immediately on the basis of the APA’s “good cause” exception. The EPA “seeks to provide regulatory certainty as soon as possible and the Administrator’s decision to retain the current NAAQS does not change the status quo or impose new obligations on any person or entity.” In December 2018, the EPA issued a final rule implementing the 2008 NAAQS for ozone under the Clean Air Act. The rule relaxed state requirements for demonstrating compliance with the ozone limits, including by allowing states to avoid having to show reasonable further progress with actual emissions inventory data.
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38Cross-State Air Pollution (CSAPR) Rule
Proposed Rule Completed |
Description In October 2020, EPA revised its CSAPR Rule after the D.C. Circuit rejected the proposed ‘close-out’ rule and found that EPA had not implemented stringent enough standards to deal with cross-state air pollution affecting downwind states. In March 2021, EPA submitted a final rule addressing deficiencies identified by the D.C. Circuit in two decisions remanding portions of the rule: Wisconsin v. EPA, 938 F.3d 303 (D.C. Cir. 2019) and New York v. EPA, 781 Fed. App’x 4, 7 (D.C. Cir. 2019). The final rule aligns interstate implementation of the 2008 ozone NAAQS with the 2021 ozone season, as opposed to 2023 under the prior version.
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39Emergency Release Notification Regulations; Emergency Planning and Community Right-to-Know Act
Rule In Progress |
Description EPA added a reporting exemption for air emissions from animal waste at farms under the EPCRA. EPA responded to comments protesting the exemption by stating that the EPCRA is intended to create a notification requirement for accidental chemical releases, not to regulate emissions. Final Rule
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40Control of Air Pollution From Airplanes and Airplane Engines
Rule Completed Under Agency Review |
Description EPA proposed GHG emission standards that would apply to certain new commercial airplanes starting in 2028. According to an ICCT report, the proposed standard is too weak and lags behind existing aircraft technologies by more than 10 years. The average new aircraft today already meets the requirements in the proposed rule. The EPA invoked the APA’s “good cause” exception to make the rule go into effect immediately “because the Agency seeks to “provide regulatory certainty as soon as possible and no party will be harmed by an immediate effective date since there is no need to provide a delay of 30 days after publication for parties to adjust their behavior prior to the effective date.”
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41Identification and Listing of Hazardous Waste (Copper Filter Cake)
Rule Completed |
Description Removed copper filter cake, an electronics manufacturing byproduct, from the hazardous waste list. Final Rule
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42Extension of Start Date for Revised Photochemical Assessment Monitoring Stations
Rule Completed |
Description Extended the compliance date of the 2015 PAMS requirements to June 1, 2021. The PAMS network measures ozone, the pollutants that form it, and meteorology to better understand ozone formation and to evaluate national and local ozone-reduction options. Final Rule
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43Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Solid Waste Incineration
Rule Completed |
Description Provided additional flexibility in the compliance demonstration process and allowed facilities to comply with alternate emissions limits. Final Rule
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44Adding Aerosol Cans to the Universal Waste Regulations
Rule Completed |
Description Added aerosol cans to RCRA universal waste category despite potential hazardous contents/flammability concerns. Final Rule
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45NESHAPs: Off-Site Waste and Recovery Operations
Rule Completed |
Description Rescinded rule that added additional monitoring requirements for pressure relief devices on containers used in off-site waste and recovery operations for hazardous air pollutants. Final Rule
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46Financial Responsibility Requirements Under CERCLA Section 108(b) for Classes of Facilities in the Hardrock Mining Industry
Final Agency Action Completed Under Agency Review
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Description Decided not to issue final rule for financial responsibility requirements for hardrock mining facilities. This means hardrock mine operators do not have to prove they can pay for cleanup in the event of toxic disasters or hazardous spills. Final Action
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47Petition to Expand Ozone Transport Regions
Denial of Petition Completed |
Description Denied 2013 petition filed by several downwind states to expand the region of states required to take additional steps to control emissions of ozone-forming pollutants. Notice of Denial
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48Asbestos Significant New Use Rule
Rule Completed |
Description Updated restrictions on discontinued uses of asbestos. Critics worry the language could make it easier for asbestos to come back into widespread use. Final Rule
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49Revised Method for National Level Listed Species Biological Evaluations of Conventional Pesticides
Agency Policy Completed |
Description Revised methods for assessing pesticide risks to endangered species at the request of the pesticide industry. EPA made extensive changes to the process set forth by the Obama administration which would allow the agency to dismiss real-world impacts from pesticides. Revised Method
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50Flonicamid Pesticide Tolerances
Rule Completed |
Description Increased the existing tolerance for residues of the insecticide flonicamid from 4ppm to 8ppm. Final Rule
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51Announcement of Preliminary Regulatory Determinations for Contaminants on the Fourth Drinking Water Contaminant Candidate List
Proposed Rule Final Rule Under Agency Review |
Description EPA is proposing to not regulate six contaminants on the 4th Contaminant Candidate List. Request for Comment On 3/3/21, the EPA issued a final rule to regulate perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) and not to regulate six other contaminants. The rule finalized the 2020 proposed regulatory determinations on the eight contaminants. Final Rule
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52National Oil and Hazardous Substances Pollution Contingency Plan (NCP)
Inaction In Progress |
Description EPA has failed to update the obsolete and dangerous National Oil and Hazardous Substances Pollution Contingency Plan for responding to oil spills, even as the nation substantially expands offshore oil drilling.
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53Bristol Bay Pebble Mine
Environmental Impact Statement In Progress |
Description The Corps published an EIS finding no significant environmental impact. After pushback, they published a statement concluding that the Pebble mine could not be permitted under Clean Water Act Section 404 unless the plan included stronger environmental mitigation measures. The final project proposal is now awaiting a decision after a scandal involving mining executives, who were recorded discussing how to extend the mine far past its permit. 1/21/21: Pebble Limited Partnership filed an appeal claiming that the Army Corps of Engineers rushed their decision to not issue the permit for open-pit mining and that it should have relied in an early EIR claiming the pit would have no environmental impact. 2/25/21: The Army Corp of Engineers agreed to reconsider their denial of the discharge permit.
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54NESHAPs: Integrated Iron and Steel Manufacturing Facilities RTR
Rule Completed |
Description EPA issued a residual risk and technology review for steel mills that fails to add limits for uncontrolled hazardous air pollutants. Final Rule
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55NESHAPs: Lime Manufacturing Plants Residual RTR
Rule Completed |
Description EPA issued a residual risk and technology review for lime manufacturing plants that fails to add limits for uncontrolled hazardous air pollutants. Final Rule
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56NESHAPs: Taconite Iron Ore Processing Residual RTR
Rule Completed |
Description EPA issued a residual risk and technology review for taconite iron ore processing plants that fails to add limits for uncontrolled hazardous air pollutants. Final Rule
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57NESHAPs: Plywood and Composite Wood Products Residual RTR
Rule Completed |
Description EPA issued a residual risk and technology review for plywood plants that fails to add limits for uncontrolled hazardous air pollutants. Final Rule
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58NESHAPs: Asphalt Processing and Asphalt Roofing Manufacturing Residual RTR
Rule Completed |
Description EPA issued a residual risk and technology review for asphalt plants that fails to add limits for uncontrolled hazardous air pollutants. Final Rule
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59NESHAPs From the Cement Manufacturing Industry Residual RTR
Rule Completed |
Description EPA issued a residual risk and technology review for cement plants that establishes a 6-month compliance holiday and fails to adopt stronger limits reflecting known developments in control measures. Final Rule
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60NESHAPs for Clay Ceramics Manufacturing (Brick and Tile)
Rule Completed |
Description EPA amended the NESHAP for clay ceramics manufacturing based on industry’s 2015 petition. Final Rule
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61NESHAPs: Miscellaneous Organic Chemical Manufacturing Residual RTR
Rule Completed |
Description After years of delay, EPA updated the air toxics standards for miscellaneous organic chemical/petrochemical plants but did not strengthen them as the Clean Air Act requires, did not require fenceline monitoring, and created a new type of emission exemption during malfunctions. These facilities emit many hazardous air pollutants, including the potent carcinogen ethylene oxide. MON facilities expose community members to an excess cancer risk of 3000-in-1 million, or about two extra cases every year. On 4/15/21, EPA’s inspector general released a report stating that the Trump Administration delayed the public release of information on an ethylene oxide release in Northern Illinois.
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62NESHAPs: Ethylene Production RTR
Rule Completed |
Description EPA updated the air toxics standards for ethylene production chemical/petrochemical plants but refused to strengthen the protections as the Clean Air Act requires, refused to require fenceline monitoring, and created a new type of malfunction exemption, leaving some community members exposed to cancer risk greater than 100-in-1 million and allows one extra cancer case every ten years. Final Rule
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63NESHAPs: Pulp Mills
Rule Completed |
Description EPA updated the air toxics standard for pulp mills but left major toxic emissions uncontrolled. Final Rule
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64NESHAPs: Stationary Combustion Turbines RTR
Rule Completed |
Description EPA issued a residual risk and technology review for stationary combustion turbines that leaves in place an unlawful exemption and fails to add limits for uncontrolled hazardous air pollutants. Final Rule
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65NESHAPs: Organic Liquids Distribution (Non-Gasoline) RTR
Rule Completed |
Description EPA updated the air toxics standard for organic liquids distribution major sources but refused to require fenceline monitoring and other emission reductions needed to protect public health. Final Rule
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66NESHAPs: Publicly Owned Treatment Works Residual RTR
Rule Completed |
Description Declined to amend requirements for emission control technologies or procedures for those plants. Final Rule
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67NESHAPs for the Manufacture of Amino/Phenolic Resins
Rule Completed |
Description In October 2014 EPA finalized amendments to the NESHAP and received three petitions for reconsideration. In 2018, EPA issued a final rule reducing the stringency of the standard. Final Rule
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68Listing of 1-bromopropane as a hazardous air pollutant under the Clean Air Act
Final Petition Decision Completed |
Description EPA indefinitely delayed an Obama-EPA proposal to add the highly toxic air pollutant 1-bromopropane (1-BP) to the list of regulated hazardous air pollutants under the Clean Air Act. In June 2020, EPA made a final determination that 1-BP meets the criteria to be added as a HAP, but declined to add the pollutant, thereby indefinitely delaying regulation. Notice of Decision
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69Guidance Interpreting “Adjacent” for New Source Review and Title V Source Determinations
Guidance Completed |
Description EPA issued guidance revising key Clean Air Act definitions in a way that could relax permitting requirements across a number of industries. The new guidance instructs EPA to look at “physical proximity” as opposed to “functional interrelatedness,” and could allow some operators to avoid the need for an NSR permit where such a permit would have previously been required. Memorandum
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70Sulfoxaflor registration
Rule Completed |
Description Sulfoxaflor is a systemic insecticide that is highly toxic to bees. This regulation establishes tolerances for residues of sulfoxaflor in or on multiple commodities including alfalfa, corn, cacao, grains (e.g., millet, oats), pineapple, sorghum, teff, teosinte, and tree plantations. The action also restores citrus, cotton, cucurbits, soybeans and strawberries to the labels.Final Rule
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71New 1, 3 Dicamba Registration
Registration Final Registration |
Description EPA announced the registration of two end-use dicamba products and extended the registration for one dicamba product, all for applications only on dicamba-tolerant cotton and dicamba-tolerant soybeans. These products will automatically expire in December 2025 unless EPA takes further action to amend the registrations. The new registrations include label changes that will further restrict the use of “over-the-top” (OTT) dicamba applications. Decision
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72EPA Policy on Enforcement during the COVID-19 Outbreak (Terminated)
Agency Policy Completed |
Description EPA announced that it would exercise “enforcement discretion” during the COVID-19 pandemic. Memorandum
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73Dicamba; Pesticide Tolerances (Vacated)
Rule Completed |
Description Established tolerances for residues of dicamba in or on cotton, gin, byproducts; cotton, undelinted seed; soybean, forage; and soybean, hay. Final Rule
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74EPA Guidance: Administrative
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Description In addition to establishing new procedures for agency guidance documents, the new rule requires that all “significant” guidance documents must go through notice-and-comment rulemaking. OIRA would make the determination as to what constitutes “significant guidance.” Final Rule
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75Drinking Water: Final Action on Perchlorate
Final Action Completed Under Agency Review |
Description EPA issues decision not to regulate perchlorate in drinking water, a reversal of the 2011 Obama Administration Final Regulatory Determination that perchlorate shall be regulated in drinking water. Final Action
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76Clean Water Act Hazardous Substances Spill Prevention
Final Action Completed |
Description EPA issued decision not to issue new regulations requiring industrial facilities that store toxic chemicals near water bodies to take measures to prevent chemical spills. Final Action
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77Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels)
Rule Completed Under Agency Review |
Description EPA finalized a rule that allows industry to forgo traditional methods of inspection for liquid storage tanks, potentially relaxing inspection requirements for the chemical, coal, and petroleum industries. Final Rule
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78Pollutant-Specific Significant Contribution Finding for Greenhouse Gas Emissions From New, Modified, and Reconstructed Stationary Sources: EGUs, and Process for Determining Significance of Other NSPS Source Categories
Rule Completed
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Description EPA issued a final rule making a significant contribution finding for GHG emissions from new and modified power plants; and setting a minimum threshold for all significant contribution finding needed to regulate a source category under Section 111 of the Clean Air Act. The rule requires a source category emit at least three percent of US GHGs in order to meet the significance threshold and qualify for Section 111 regulation, potentially precluding future regulation of most or all industrial sectors. Final Rule
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79Review of the Dust-Lead Hazard Standards and the Definition of Lead-Based Paint
Rule Completed Under Agency Review |
Description EPA evaluated the current dust-lead hazard standards (DLHS) and the definition of lead-based paint. Trump’s EPA revised the DLHS from 40 µg/ft2 and 250 µg/ft2 to 10 µg/ft2 and 100 µg/ft2 on floors and window sills, respectively. The agency declined to lower the standard for lead based paint. It also did not consider tightening the standards for lead in soil. Final Rule
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80Procedures for Chemical Risk Evaluation and Prioritization Under the Amended Toxic Substances Control Act
Rule Completed Under Agency Review |
Description EPA issued two “Framework Rules” stating that the agency would consider non-health “policy” considerations, and would only consider certain exposure pathways, when evaluating whether to regulate a toxic substance under TSCA, contrary to the direction of the 2016 amendments and potentially risking greater exposure for vulnerable groups. Final Rule (Risk Evaluation)
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82Protecting Human Health and the Environment from Persistent, Bioaccumulative, and Toxic (PBT) Chemicals
Rule Completed Under Agency Review Implementation Delayed |
Description As required by the Toxic Substances Control Act, EPA issued five final rules to reduce exposures to certain chemicals that are persistent, bioaccumulative and toxic (PBT). These chemicals build up in the environment over time and can present potential risks for exposed populations. The rules failed to reduce exposures to PBTs “to the extent practicable,” as required by TSCA and created exemptions without following proper procedures. Further, the EPA declined to issue rules on two other potentially harmful PBTs. Final rule for decabromodiphenyl ether (DecaBDE)
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83Petition to Establish National Pollution Limits for Greenhouse Gases
Petition Denied Withdrew Denial |
Description On December 2, 2009, environmental groups petitioned EPA to set National Ambient Air Quality Standards for greenhouse gases. The Obama administration did not act on the petition, instead pursuing Section 111 regulations. On January 19th, 2021, the Trump administration formally denied the petition. Petition Denial
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84Significant New Use Rule for Long-Chain LCPFAC and PFAS Chemical Substances
Rule Completed Under Agency Review |
Description Final rule did not include a de minimis threshold for determining “reasonable potential for exposure” and dropped safe harbor provisions from earlier drafts of the proposed rule.
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1Policy Statement Limiting Downstream Analysis of Pipeline Greenhouse Gas Emissions
Agency Policy Completed (5/18/18)
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Description Statement clarified FERC policy of generally declining to consider the indirect/downstream effects of GHG emissions in environmental reviews of pipelines. Policy Statement Notice of Inquiry Dominion Transmission Decision Policy Integrity Analysis Report
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2Public Utility Regulatory Policies Act of 1978 Renewable Energy Policies
Rule
|
Description
PURPA is the only federal law that requires electric utilities to purchase renewable energy. FERC changed its regulations, undercutting the deployment of small scale renewables.
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3Minimum Offer Price Rule
Order Completed (6/02/2020) |
Description FERC ordered PJM, the grid operator for 13 states and Washington D.C., to expand the minimum offer price rule (MOPR) by requiring minimum bids in capacity markets for clean energy resources receiving state support. This will make it harder for clean energy resources to clear the market. Order
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4Transmission incentives NOPR
Proposed Rule In progress (4/02/2020) |
Description Proposed a rule to shift the focus in granting transmission incentives from an approach based on the risks and challenges faced by a project to an approach based on the benefits to consumers. Notice of Proposed Rulemaking
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1Taking of Marine Mammals Incidental to Oil and Gas Activities
Rule Under Agency Review Rejected by Court
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Description Notice to permit the use of seismic air guns for gas and oil exploration in the Atlantic Ocean. The practice, which can kill marine life and disrupt fisheries, was blocked under the Obama administration. Final Rule On 1/19/21, NOAA issued a rule allowing the incidental take of marine mammals by industry operators in the Gulf of Mexico. Final Rule
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2Magnuson-Stevens Act Provisions; Framework Adjustment 6 and the 2019-2021 Atlantic Herring Fishery Specifications
Rule Completed |
Description Amended fishing regulations to loosen restrictions on the harvest of a number of species. Final Rule
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3Taking and Importing Marine Mammals
Rule Completed (05/06/20) Under Agency Review New Rule Proposed by Biden Admin. |
Description Revised limits on the number of endangered marine mammals and sea turtles that can be unintentionally killed or injured with sword-fishing nets on the West Coast. Final Rule
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4Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Pelagic Longline Fishery Management
Rule Completed |
Description Loosened fishing restrictions intended to reduce bycatch of Atlantic Bluefin Tuna. Final Rule
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5Decision to Not Renew the Charter of the Federal Advisory Panel for the National Climate Assessment
Agency Policy Completed |
Description The Trump Administration did not renew the charter of the federal advisory panel for the National Climate Assessment. Media Coverage
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1OMB Guidance for Implementing Executive Order 13783
Guidance Completed Executive Order Revoked |
Description OMB released a guidance document instructing agencies how to implement EO 13783. Guidance Memorandum
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2OMB Guidance for Implementing Executive Order 13771
Guidance Completed Executive Order Revoked |
Description Pursuant to EO 13771, OMB (and its Office of Information and Regulatory Affairs) released guidance clarifying that agencies must in fact implement (as opposed to merely identify) two deregulatory actions for each new regulatory proposal. The guidance states that regulatory benefits such as public health benefits and energy efficiency savings should not be accounted for when measuring the “incremental costs” of regulatory actions. (S.C.) Guidance Memorandum
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1Oil and Gas Resources (in National Forests)
Proposed Rule In Progress |
Description Proposed rule to modify existing regulations to streamline and expedite the issuance of oil and gas permits in National Forests. Proposed Rule
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2USFS National Environmental Policy Act (NEPA) Compliance
Final Rule Completed |
Description Proposed rule to modify existing regulations to streamline and expedite the issuance of oil and gas permits in National Forests. Proposed Rule
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3Published Notice of Intent to prepare EIS for Locatable Minerals
Environmental Impact Statement In Progress |
Description Initiated an EIS to revise agency regulations that minimize adverse environmental impacts on National Forest System in connection with prospecting, exploration, and mining. Notice of Intent to Prepare EI
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1Executive Order 13783: Promoting Energy Independence and Economic Growth
Executive Order Completed
|
Description Set out several key policy objectives that prioritize fossil fuel development. The Order emphasizes avoiding “regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation.” Also directed agencies to stop using an Obama-era calculation of the social cost of carbon that rulemakers used to estimate the long-term economic benefits of reducing carbon dioxide emissions. EO 13783 In addition, EO 13783 revoked the Obama Presidential Memorandum of September 21, 2016 (Climate Change and National Security).
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2Executive Order 13868: Promoting Energy Infrastructure and Economic Growth
Executive Order Completed
|
Description Expedited the approval of energy infrastructure, including but not limited to oil and gas pipelines. EO 13868
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3Executive Order 13867: Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of US
Executive Order Completed |
Description Moved the permitting process for certain projects that cross international borders, such as oil pipelines, to the office of the president from the State Department, exempting them from environmental review. EO 13867
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4Executive Order 13840: Ocean Policy to Advance the Economic, Security, and Environmental Interests of the United States
Executive Order Completed |
Description Revoked an Obama-era executive order designed to preserve ocean, coastal and Great Lake waters in favor or a policy focused on energy production and economic growth. EO 13840
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5Construction of the Dakota Access Pipeline Executive Memorandum Completed |
Description Approved construction of the Dakota Access pipeline less than a mile from the Standing Rock Sioux Reservation. The Obama administration had halted the project, and the Army Corps of Engineers said it would explore alternative routes. Litigation pending.
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6Executive Order 13795: Implementing an America-First Offshore Energy Strategy
Executive Order Completed
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Description Revoked an Obama executive order promoting climate resilience in the northern Bering Sea region of Alaska, which withdrew local waters from oil and gas leasing and established a tribal advisory council to consult on local environmental issues. The order establishes a national policy to encourage oil and gas drilling, including on the Outer Continental Shelf. EO 13795
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7Executive Order 13834: Efficient Federal Operations
Executive Order Completed (05/17/18)
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Description Revoked Obama EO that set a goal of cutting the federal gov’s GHG emissions by 40% over 10 years. The order revokes Obama’s EO 13693: “Planning for Federal Sustainability in the Next Decade.” EO 13834
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8Formal Notification of Intention to Stop Payments to the Green Climate Fund International Commitment; Budget Cut Completed
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Description Stopped payments to the Green Climate Fund, a United Nations program to help poorer countries reduce carbon emissions. The US had pledged $3bn. 2018 Budget Summary
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9Modifying the Bears Ears and Grand Staircase-Escalante National Monuments
Executive Proclamation Completed Under Agency Review |
Description Proclamation slashed size of monuments by 85% and 50%, leaving the rest of the area open to mining, oil and gas drilling.
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10Executive Order 13777: Enforcing the Regulatory Reform Agenda Executive Order Completed
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Description Complements the two-for-one order by directing agencies to establish “Regulatory Reform Task Forces” to evaluate existing regulations and make recommendations to the agency head regarding the repeal, replacement, or modification of regulations. EO 1377
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11Executive Order 13924: Regulatory Relief To Support Economic Recovery
Executive Order Completed
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Description Directed agencies to rescind, modify, waive, or provide exemptions from regulations and other requirements that may inhibit economic recovery. EO 13924
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12Modifying the Northeast Canyons and Seamounts Marine National Monument
Proclamation Completed Under Agency Review |
Description Removed restrictions on commercial fishing in a protected marine preserve southeast of Cape Cod that is home to rare corals and a number of endangered sea animals. The Trump administration has suggested changing the management or size of two other marine protected areas in the Pacific Ocean. Proclamation 10049
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13Chesapeake Bay Program
Nonenforcement Completed |
Description Trump administration has failed to enforce TMDLs. Harvard Law Analysis
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14Formal Notification of Intention to Withdraw from the Paris Agreement
International Commitment Completed Re-Entry In Progress |
Description Formally withdrew the US from the Paris Agreement, effective November 4 2020.
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15Executive Order 13792: Review of Designations Under the Antiquities Act
Executive Order Completed
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Description Directed Secretary of the Interior to review presidential designations made under the Antiquities Act since 1996. The Order notes that these designations may “create barriers to achieving energy independence… and otherwise curtail economic growth.” DOI produced a final report recommending changes to several existing monuments. EO 13792 DOI Report
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16Executive Order 13807: Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure
Executive Order Completed
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Description Revoked Obama-era flood standards for federal infrastructure projects that required the government to account for sea level rise and other climate change effects. EO 13807
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17Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs (2-for-1)
Executive Order Completed
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Description Directs agencies to repeal at least two existing regulations for each new regulation issued in FY 2017 and thereafter (2-for-1). EO 13771
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18Executive Order 13927: Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities
Executive Order Completed
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Description Instructed agencies to expedite infrastructure projects, including by identifying opportunities to circumvent environmental review during the pandemic. EO 13927
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19Removal of references to climate change and other important data from agency websites
Removal of Data Completed Restoration in Progress |
Description In 2019, researchers found that the Trump administration removed a quarter of all references to climate change and clean energy from federal government websites since 2016. A February 2021 study found that 80% of 1,400 changes to federal environmental websites during the Trump administration occurred just before or during active regulatory proceedings.
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20Removal of important EPA webpages
Removal of Data Completed Restoration in Progress |
Description EPA removed several web pages containing detailed climate data and scientific information. One provided detailed information on the Clean Power Plan, including fact sheets about how different demographic groups were affected by GHG emissions. A February 2021 study found that 80% of 1,400 changes to federal environmental websites during the Trump administration occurred just before or during active regulatory proceedings.
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21Executive Order 13766: Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects
Executive Order Completed
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Description Directed CEQ to identify “high priority” infrastructure projects and expedite federal environmental review deadlines and procedures for those projects.EO 13766
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22Executive Order 13778: Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the United States” Rule
Executive Order Completed (02/28/17)
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Description Directed EPA to review and rescind the WOTUS rule.
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23Executive Order 13980: Protecting Americans from Overcriminalization through Regulatory Reform
Executive Order Completed |
Description Directed federal agencies to avoid use of strict liability when promulgating enforcement regulations, consider civil enforcement rather than criminal enforcement of strict liability offenses, and focus prosecutions on defendants who acted with knowledge of offenses, potentially limiting prosecutions under the federal environmental laws.EO 13980
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Nuclear Regulatory Commission
1Ground Water Protection at Uranium in Situ Recovery Facilities
Request for Comment In Progress |
Description NRC requested comment on whether it should proceed with rulemaking to require groundwater protections for certain uranium mines. Recently, the administration’s Nuclear Fuel Working Group proposed opening up 1,500 acres outside the Grand Canyon to nuclear production. Request for Comment
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Pipeline and Hazardous Materials Safety Administration
2Stay of Enforcement – COVID-19
Agency Policy Completed |
Description PHMSA announced that it would relax enforcement of natural gas pipeline regulations during the COVID-19 pandemic. Could result in a rise of methane emissions. Notice of Stay
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Small Business Administration
3Federal Flood Risk Management Standard; Small Business Administration disaster loans
Proposed Rule withdrawal Completed |
Description The Small Business Administration withdrew a proposed rule to apply the Federal Flood Risk Management Standard to SBA disaster loans. Columbia Law Analysis Summary of 2016 Proposal
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Securities and Exchange Commission
4Modernizing SEC Regulation S-K
Final Rule Completed |
Description SEC finalized amendments to modernize, simplify, and enhance certain financial disclosure requirements in Regulations S-K.
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5Disclosure of Payments by Resource Extraction Issuers
Nullified Rule with CRA
Completed |
Description The CRA was used to nullify a rule requiring resource extraction issuers to disclose information about payments made to the U.S. government or foreign governments for the purposes of commercial development of oil, natural gas, or minerals. Final Rule (2016) CRA Resolution
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Treasury
6U.S. Positions on Multilateral Development Banks Engaging on Energy Projects and PoliciesRule Completed
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Description Instructed U.S. representatives on the executive boards of MDBs to “help countries access and use fossil fuels more cleanly and efficiently.” This overturned an Obama-era guidance that made it difficult to use public resources to support coal projects except in rare circumstances.
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7Fair Access to Financial Services
Rule
Completed Delayed
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Description The Comptroller of the Currency issued a rule barring national banks from refusing to provide financing based on anything other than “impartial risk-management standards established in advance,” designed to prevent banks from refusing to lend to high-risk, environmentally harmful projects such as Arctic drilling.Final Rule
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Department of Agriculture
8Movement of Genetically Engineered Organisms
Rule
Completed |
Description Updated regulations regarding the movement of certain genetically engineered organisms thereby reducing the regulatory burden for developers of organisms that are unlikely to pose plant pest risks. Marks the first comprehensive revision of the regulations since they were established in 1987.
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Department of Housing and Urban Development
9Minimum Property Standards for Flood Hazard Exposure; Building to the Federal Flood Risk Management Standard
Proposed rule withdrawal Completed
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Description Pursuant to EO 13771, HUD withdrew a 2016 proposed rule aimed at improving floodplain management and building standards in the context of climate change.
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Department of Justice
10Supplemental Environmental Projects (“SEPs”) in Civil Settlements with Private Defendants
Guidance
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Description Starting in 2017, the Attorney General and DOJ’s Environmental and Natural Resources Division (ENRD) issued a series of policy memoranda that curtail DOJ and agencies’ authority to reach settlements that include payments to third-party organizations. This culminated in a March 2020 memo expressly prohibiting DOJ from agreeing to any settlements that include SEPs.
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11Enforcement Discretion
Guidance
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Description In a series of guidance memoranda, DOJ issued new departmental rules limiting the use of criminal enforcement of environmental laws, increasing deference to state enforcement authorities, encouraging use of informal and administrative enforcement, reducing litigation costs, and otherwise generally loosening the enforcement of federal environmental laws. DOJ also issued stand-alone guidance barring federal Clean Water Act enforcement when state enforcement has also taken place. March 2018 Enforcement Discretion Memo
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Department of Labor
12Retrospective Study of Reparable Coal Mine Dust Rule
Request for Information In Progress |
Description Announced a review of an Obama-era rule that lowered coal dust limits in mines. When senators from West Virginia voiced concern that the study might prompt a rollback, a MSHA administrator stated the study was only meant to determine whether the rule has been effective. Public comment period has been extended until 2022. Request for Information
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13Occupational Exposure to Beryllium
Rule Completed |
Description Loosened standards for occupational exposure to beryllium. Final Rule
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14Financial Factors in Selecting Plan InvestmentsRule Completed
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Description DOL finalized a rule requiring retirement plan managers to only select investments based on financial considerations, explicitly stating that “plan assets may not be enlisted in pursuit of other social or environmental objectives.” Final Rule
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Army Corps of Engineers
15Reissuance and Modification of Nationwide Permits
Rule Completed Under Agency Review |
Description The Corps reissued 12 existing Clean Water Act Nationwide Permits (NWPs) and created four new NWPs. These NWPs allow for streamlined industrial development such as oil pipelines, coal mines, and marine aquaculture facilities through waterways across the country. Final Rule
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CLEE thanks Hanson Bridgett LLP and Governing for Impact for their contributions to this effort, and Berkeley students Clara Barnosky, Jane Sadler, Richard Yates, and Zachary Zimmerman for their research assistance.
