On January 20, 2025, President Trump issued an Executive Order titled Unleashing American Energy, which, among other things, pauses disbursements of certain funds under the Inflation Reduction Act (IRA) and the Infrastructure Investment and Jobs Act (IIJA); withdraws certain Biden executive orders pertaining to climate change and the environment; reinstates several previously-rescinded Trump executive orders; directs certain federal agencies to take steps to expedite permitting processes; and requires various agency actions to support the U.S. mining and refining industry.

Key Points

• Review of Agency Actions that Burden Domestic Energy: The Order calls all agencies to immediately review all existing regulations, guidance, policies, and other relevant agency actions that burden the identification, development, and use of domestic energy resources—particularly fossil fuels, biofuels, hydropower, critical mineral development, and nuclear energy—or are otherwise inconsistent with the Order. Within 30 days, the heads of each agency are to consult with the director of the Office of Management and Budget (OMB) and the National Economic Council (NEC) to develop and implement plans to “suspend, revise, and rescind” unduly burdensome actions “as expeditiously as possible.”
• Revoking Environmental E.O.s and Reinstating Deregulatory E.O.s: The Order also revokes Biden-era Executive Orders relating to the environment and climate change and reinstates several Executive Orders from President Trump’s first term. Several of the reinstated Trump E.O.s are aimed at pairing down regulatory requirements.

• Review of NEPA Regulations and Implementation: The Order also revoked a Carter-era Executive Order, Executive Order 11991 of May 24, 1977 (Relating to protection and enhancement of environmental quality). E.O. 11991 is generally cited as CEQ’s authority for its National Environmental Policy Act (NEPA) implementing regulations (40 CFR 1500 et seq.). Within 30 days, the Chairman of CEQ must provide guidance on NEPA implementation and propose rescinding CEQ’s NEPA regulations (40 CFR 1500 et seq.).  
• Expedited Permitting: Other agencies and departments—Departments of Defense (DOD), Interior (DOI), Agriculture (USDA), Transportation (DOT), and Energy (DOE), EPA, other relevant agencies—and CEQ are directed to eliminate any delays in their respective permitting processes, including through general permitting and permit by rule. For any projects any agency head deems essential for economic or national security, the agency shall use their existing authorities (including emergency authorities) to expedite adjudication of federal permits for that project.

• GHG Emission Policy Changes: The Order Directs agencies to only adhere to environmental considerations that are required by statute in permitting adjudications and regulatory processes. Any considerations that are not statutorily required are eliminated. Further, in fulfilling statutory requirements for environmental considerations, agencies must use “the most robust methodologies” available and not those that are “arbitrary or ideologically motivated.” Within 30 days, the EPA Administrator, in collaboration with other relevant agencies, must submit joint recommendations to OMB regarding the legality and applicability of the EPA’s Endangerment and Cause or Contribute Findings for Greenhouse Gases Final Rule (74 FR 66496 (December 15, 2009)). Within 60 days, the EPA Administrator must issue guidance relating to the social cost of carbon, including consideration of whether to eliminate it from any federal decision-making processes, including permitting.

• Pause of IIJA and IRA Disbursements: The status of this pause is subject to change due to ongoing litigation. A federal judge has temporarily enjoined the federal funding freeze established by OMB Memorandum M-25-13. That court order appears to apply to the funding freezes established by other Trump administration Executive Orders. Initially, the Order required that all agencies immediately pause disbursement of funds under the IRA and the Infrastructure Investment and Jobs Act (IIJA) that support programs, projects, or activities that run counter to the policies outlined in Section 2 of the Order (see above). These funds shall not be disbursed until OMB and the Assistant to the President for Economic Policy determine the disbursements meet their selected agency recommendations (discussed below). OMB clarified that “[a]gency heads may disburse funds they deem necessary after consulting with [OMB].”
• Restarting Review of LNG Applications: On January 26, 2024, President Biden and the Department of Energy announced a pause on pending applications for the export of LNG to non-Free Trade Agreement countries. The Trump Order directs the Secretary of Energy to restart reviews of applications for LNG export facilities.

• Deepwater Ports Licensing: The Order provides for expedited processing of certain deepwater port license applications.

• Promoting Domestic Mining and Processing of Critical Minerals: On January 6, 2025, President Biden withdrew certain areas of the Outer Continental Shelf (more than 625 million acres) from oil and gas leasing, including the U.S. Pacific and Eastern Atlantic coasts, the Eastern Gulf of Mexico, and the remainder of the Northern Bering Sea Climate Resilience Area offshore Alaska. DOI and USDA are directed to “reassess any public lands withdrawals for potential revision.” DOI, USDA, EPA, CEQ, and other relevant agencies are directed to identify, and revise or rescind agency actions the unduly burden domestic mining and processing critical minerals.