Redefining the EPA’s Role in Environmental Protection
Under the previous administration, the regulated community was scrambling to keep up with the rapidly growing regulations. This trend has changed 180 degrees, as there is a renewed (likely unprecedented) focus on deregulation. It was challenging to keep up with the growing regulations, and it is equally challenging to keep up with the efforts to deregulate.
One of the first Executive Orders (EO) on January 20, 2025, was the withdrawal from the Paris Agreement under the United Nations Framework Convention on Climate Change. This EO set the tone for not only climate policies but also for the avalanche of orders aimed at overturning the policies of the previous four years and more.
Ending “Federal Overreach”
In a February 19, 2024, EO, the President stated, “It is the policy of my Administration to focus the executive branch’s limited enforcement resources on regulations squarely authorized by constitutional Federal statutes and to commence the deconstruction of the overbearing and burdensome administrative state. Ending Federal overreach and restoring the constitutional separation of powers is a priority of my Administration.”
President Trump stated in an Executive Order that he is, “Ending Federal overreach and restoring the constitutional separation of powers is a priority of my Administration” (Photo by Cole Miller on Unsplash).
Rescinding and Redefining
Below are brief mentions of some of the many planned changes at the Environmental Protection Agency (EPA) under Administrator Lee Zeldin.
On February 19, 2025, the Council on Environmental Quality issued an interim final rule rescinding the National Environmental Policy Act, or NEPA.
On March 12, 2025, the EPA announced they were issuing guidance that would narrow the definition of when a wetland has a continuous surface connection to a Water of the United States (WOTUS). The EPA Administrator, Lee Zeldin, said that the EPA will pursue a “definition that is simple and durable and withstand the test of time.” This effort will result in the fourth rewrite of the definition of a WOTUS.
Reconsidering, Revising, and Revisiting
On Wednesday, March 12, 2025, we counted at least 18 press releases from the US EPA. Actions by the EPA in the announcements include:
- Reconsidering the 2024 Risk Management Plan (RMP) rule.
- Reconsidering Biden-Harris regulations for the oil and gas industry under Section 111 of the Clean Air Act and Subpart W of the Greenhouse Gas Reporting Program.
- Reconsidering the Mercury and Air Toxics Standards (MATS) from the Biden-Harris Administration that drew a lawsuit from 23 states.
- Review of the Regional Haze Program to ensure that it fulfills Congressional intent is based on current scientific information, and reflects recent improvements in air quality.
- Commitment to advance cooperative federalism and work with states on State Implementation Plans (SIPs) that were nearly universally rejected by the Biden-Harris Administration.
- Revisiting the Biden PM2.5 National Ambient Air Quality Standards (NAAQS), which has raised serious concerns from states across the country and served as a major obstacle to permitting.
- Granting an extension of the no-action assurance that North Carolina requested to allow the use of large air curtain incinerators to clear debris without requiring Title V permits.
- Revisit the Obama-Biden Administration’s Exceptional Events rulemaking and prioritize the allowance of prescribed fires within State and Tribal Implementation Plans (SIPs/TIPs).
- Commitment to work with States and Tribes to resolve the massive backlog of SIPs and TIPs that the Biden-Harris Administration refused to resolve.
- Termination of the Biden-Harris Administration’s Environmental Justice and Diversity, Equity, and Inclusion arms of the agency.
- Reconsidering the mandatory Greenhouse Gas Reporting Program (GHGRP).
- Revisiting the Biden-Harris Administration’s “social cost of carbon,” which contributes to significant regulatory costs.
- Reconsider the Model Year 2027 and Later Light-Duty and Medium-Duty vehicle regulations and Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles.
- Reconsider the Biden-Harris Administration’s regulations on power plants, commonly known as “Clean Power Plan 2.0.”
- Seeking nominations for the Science Advisory Board (SAB) and Clean Air Scientific Advisory Committee (CASAC).
Concerns
Environmental groups and others have expressed concerns about the cuts and proposed changes at the EPA. E&E News quoted Michelle Roos, Environmental Protection Network’s Executive Director: “Trump wants to gut EPA, and his team has shut down EPA websites, ordered staff to stop communicating with the public, and repeatedly spread lies and misinformation.”
There is also concern regarding the cuts in research, especially as it relates to agriculture productivity. From the Breakthrough Journal, “The long-term consequences of funding and staffing cuts are clear. When agricultural research funding dries up, farmers lose access to innovations that improve yields, resilience, and profitability.”
If the EPA cuts 65% of its staff as Lee Zeldin has stated, this would mean the staffing levels would be close to the staffing level in the 1970s.
Regardless of the efforts to cut the EPA staff and programs, the existing infrastructure of environmental policies (Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, Comprehensive Environmental Response Compensation and Liability Act, etc.) will remain. States (under cooperative federalism) will likely play a much larger role in environmental protection and enforcement. To that end, keeping a pulse on efforts in your state will be increasingly important.
Environmental Advice
Dragun Corporation has been assisting the regulated community with environmental compliance, assessment/remediation, and litigation support since 1988. If you need assistance with an environmental issue, including litigation support, contact Jeffrey Bolin, M.S., CHMM, at 248-932-0228, Ext. 125.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
Jeffrey Bolin, M.S., reviewed this blog. Jeff is a partner and senior scientist at Dragun Corporation. He is a published author, frequent speaker, and expert witness. His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.
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