The second term of President Donald Trump looks to have an even stronger focus on deregulation. Some rules are ripe for rescinding – those subject to the Congressional Review Act (CRA). In general, the regulated community is in favor of a different approach to environmental protection. However, some are suggesting a tempered approach, at least as it relates to electric vehicles.
Unprecedented Number of Consequential Rules
Since day one, the outgoing Biden Administration has been unapologetic in its support of a strong regulatory agenda. There is concern “within” that the environmental regulatory structure they have worked to implement will be in jeopardy. Environmental Protection Agency (EPA) policy Chief Vickie Aaroyo was recently quoted in Inside EPA (Paywall) touting President Biden’s record of issuing an “unprecedented number of consequential” final rules over the last four years and a “historic run fulfilling” promises on climate change, environmental justice, and public health policies.
Aaroyo also said her office helped “shepherd 50 rules to the finish line in 2024 alone, including 25 major rules.”
Regulatory Opposition
On September 25, 2024, the House Committee on Oversight Accountability (led by Republican James Comer) released a statement regarding the impact of the Biden Administration’s keen focus on regulation.
In that statement, subcommittee Chairman, Pat Fallon (R-Texas) said, “Perhaps no other administration has gone as far as the Biden-Harris Administration has to unleash an avalanche of costly regulatory burdens. The Biden-Harris Administration has dramatically expanded Executive Branch power and morphed itself into a ‘red tape regime’ backed by radical activists.”
Senator Mitch McConnell posted the following on his website: “…with just over a month left in in the year, the Biden Administration’s 2024 regulations alone amount to the second highest annual total by pages in the Federal Register. On the whole, President Biden’s agenda has imposed regulatory costs that, by one estimate, surpass $1.8 trillion. That’s trillion with a ‘T’.”
Environmental Rules Subject to Congressional Review Act
Much of the focus in the near term will be on the use of the CRA to rescind several EPA rules.
Under the CRA, both chambers of Congress, by a simple majority vote with no possibility of a filibuster, can overturn regulations recently issued by federal agencies. If both the House and the Senate pass a resolution of disapproval and the President signs it, the regulation is overturned and has no effect.
The next Congress may target rules published in the final months of an outgoing presidential administration for repeal.
The rules below fall into one of two categories: 1) they were finalized during the lookback period, or 2) they would be subject to the CRA if finalized before the end of President Biden’s term.
Alliance for Automotive Innovation is supportive of consumer choice in automobiles but also encouraged President-Elect Trump to “preserve the auto-related provisions in the current tax code (Image by Lee Rosario from Pixabay).
Environmental Rules at Risk of Repeal
According to Public Citizen, the following environmental rules are at a “risk of repeal” under President-Elect Trump’s administration.
- EPA Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act
- EPA National Primary Drinking Water Regulations for Lead and Copper: Improvements (LCRI)
- EPA Reconsideration of the Dust-Lead Hazard Standards and Dust-Lead Post Abatement Clearance Levels
- EPA Methane Emissions and Waste Reduction Incentive Program for Petroleum and Natural Gas Systems
- EPA Clean Water Act Section 404 Tribal and State Program Regulation
- EPA Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Implementation of Closure
- EPA Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units Review
- EPA National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities
- EPA Updates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA)
- EPA Flame Retardants; Significant New Use Rules for Certain Non-ongoing Uses
- EPA Perchloroethylene (PCE); Regulation Under the Toxic Substances Control Act (TSCA)
- Council on Environmental Quality National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change
Auto Makers and the EV Market
President Biden authorized billions of dollars to push the US automobile market in the direction of electric vehicles (EV).
In August 2023, the Biden Administration via the U.S. Department of Energy (DOE) announced a $15.5 billion package of funding and loans primarily focused on retooling existing factories for the transition to EVs.
On July 11, 2024, the Biden Administration stated the “U.S. Department of Energy (DOE) today announced $1.7 billion to support the conversion of 11 shuttered or at-risk auto manufacturing and assembly facilities across eight states…”
On November 26, 2024, the Biden Administration announced they would make a $6.6 billion loan to the startup electric vehicle company, Rivian Automotive to build a factory in Georgia. This came after the company announced they were pausing the plans due to financial concerns.
With the significant investments in the EV market, automakers are suggesting a measured approach by the Trump Administration. In a letter to President-Elect Trump, the trade group, Alliance for Automotive Innovation is supportive of consumer choice in automobiles but also encouraged President-Elect Trump to “preserve the auto-related provisions in the current tax code.” These tax codes support the development of EVs. We have heard similar sentiments in Michigan with several automotive plants making the switch to the EV market.
This may be one of the more interesting dynamics to watch in the early days of the new administration.
Regardless of how much we see in the way of federal deregulation, environmental compliance will continue to be an integral part of the day-to-day operations of companies. The regulations passed under the Biden Administration aside, there will remain robust federal, state, and local regulations with which companies must comply.
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.
Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.
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 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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