'This Executive Order is Illegal': Trump Attacks Half-Century of Environmental Protections in One Fell Swoop

Numerous environmental protection groups were preparing to file lawsuits Friday after President Donald Trump directed federal agencies to repeal what he called "unlawful regulations" aimed at protecting the public from pollution, oil spills, and other harms—sharply curtailing the process through which rules are changed as he ordered agencies to "sunset" major regulations.

The order was issued a week-and-a-half before the deadline set by another presidential action in February, when Trump required agencies to identify "unconstitutional" and "unlawful" regulations for elimination or modification within 60 days.

Those restrictions, under Wednesday evening's order, can be repealed without being subject to a typical notice-and-comment period.

Trump named the Environmental Protection Agency, the Department of Energy, the Nuclear Regulatory Commission, and the Bureau of Safety and Environmental Enforcement among several agencies affected by the order, and listed more than two dozen laws containing regulations that must incorporate a sunset provision for no later than September 30, 2025.

The laws include the Atomic Energy Act of 1954, the National Appliance Energy Conservation Act of 1987, and the Nuclear Waste Policy Act of 1982.

Hans Kristensen, director of the Nuclear Information Project at the Federation of American Scientists, suggested the order was Trump's latest push to benefit corporate polluters.

Brett Hartl, government affairs director for the Center for Biological Diversity, said it was "beyond delusional" for Trump to attempt to repeal "every environmental safeguard enacted over the past 50 years with an executive order."

"Trump's farcical directive aims to kill measures that protect endangered whales, prevent oil spills, and reduce the risk of a nuclear accident," said Hartl. "This chaotic administration is obviously desperate to smash through every environmental guardrail that protects people or preserves wildlife, but steps like this will be laughed out of court."

In a memo, the White House wrote that "in effectuating repeals of facially unlawful regulations, agency heads shall finalize rules without notice and comment, where doing so is consistent with the 'good cause' exception in the Administrative Procedure Act."

"That exception allows agencies to dispense with notice-and-comment rulemaking when that process would be 'impracticable, unnecessary, or contrary to the public interest,'" said the White House.

As climate advocates scoffed at the suggestion that regulating nuclear power and pollution-causing energy infrastructure is "contrary to the public interest," legal experts questioned the legality of Trump's order.

"If this action were upheld, it would be a significant change to the way regulation is typically done, which is through notice and comment," Roger Nober, director of George Washington University's Regulatory Studies Center, toldGovernment Executive. "If the agencies determine that a rule is contrary to the Supreme Court's current jurisprudence, then [this order says they] have good cause to remove it and [they] can get around notice and comment. That's certainly an untested and untried way of implementing the Administrative Procedure Act."

Georgetown University law professor William Buzbee toldThe Hill that the Supreme Court "has repeatedly reaffirmed that agencies seeking to change a policy set forth in a regulation have to go through a new notice-and-comment proceeding for each regulation, offer 'good reasons' for the change, and address changing facts and reliance interests developed in light of the earlier regulation."

"Adding a sunset provision without going through a full notice-and-comment proceedings for each regulation to be newly subject to a sunset provision seems intended to skirt the vetting and public accountability required by consistency doctrine," he said. "Like many other attempted regulatory shortcuts of the first and second Trump administration, this [executive order] seems likely to prompt legally vulnerable agency actions."

Public Citizen co-president Lisa Gilbert suggested that the executive order is the latest example of Trump's push to govern the U.S. as "a king."

"He cannot simply roll back regulations that protect the public without going through the legally required process," Gilbert told Government Executive. "We will challenge this blatantly unlawful deregulatory effort at every step to ensure it doesn't hurt workers, consumers, and families."

Michael Wall, chief litigation officer at the Natural Resources Defense Council, called the order "a blatant attempt to blow away hundreds of protections for the public and nature, giving polluters permission to ignore whatever is coming out of their smokestacks while developers disregard endangered species protections and Big Oil no longer heeds the reforms put in place after the Deepwater Horizon disaster."

"This executive order is illegal," he said. "Congress passed these laws, and the president's constitutional duty is to carry out those statutes; he has zero power to rewrite them."

"There's no magic wand the administration might wave to sweep away multiple rules on a White House whim," Wall added. "Any changes to the rules the president wants rescinded would have to be justified, rule by rule, with facts, evidence, and analysis specific to that rule. He cannot do this by fiat."