Executive Order Regarding Efficient Federal Operations
On May 17, 2018, President Trump issued an executive order revoking Executive Order 13693: Planning for Federal Sustainability in the Next Decade (signed by President Obama on March 25, 2015), which set a goal of cutting the federal government’s greenhouse gas emissions by forty percent over ten years and required federal agencies to develop plans for reducing emissions and periodically report on their progress.
The new order does require federal agencies to comply with statutory requirements related to energy and environmental performance “in a manner that increases efficiency, optimizes performance, eliminates unnecessary use of resources, and protects the environment.” More info >>
Executive Order 13795: Implementing an America-First Offshore Energy Strategy
On April 28, 2017, President Trump issued an executive order which establishes a national policy of encouraging offshore energy exploration and production, revokes decisions to withdraw certain areas of the Outer Continental Shelf from leasing, and issues a variety of directives aimed at promoting fossil fuel development in federal waters. More info >>
Executive Order 13783: Promoting Energy Independence and Economic Growth
On March 28, 2017, President Trump issued an executive order aimed at at dismantling many of the key actions that have been undertaken at the federal level to address climate change. The order directs EPA to review and potentially rescind or re-write important regulations such as the Clean Power Plan (CO2 emission standards for existing power plants), CO2 emission standards for new power plants, and methane emission standards for the oil and gas sector. It also revokes a number of executive orders and actions, including: guidance on calculating the social costs of greenhouse gas emissions, an imposing a moratorium on federal coal leasing, and guidance on how to account for climate change in environmental reviews. Finally, it directs all agencies to review existing regulations, orders, guidance documents, policies, and any other similar agency actions that potentially burden the development or use of domestically produced energy resources, with particular attention to oil, natural gas, coal, and nuclear energy resources, and to develop recommendations on how to alleviate or eliminate aspects of agency actions that burden domestic energy production.
A detailed summary is available on our Climate Deregulation Tracker here.
See also: OMB Guidance Document on Implementation of EO 13783 (May 8, 2017). This guidance focuses on implementation of Section 2, which requires agencies to review all existing regulations, orders, guidance documents, policies, and any other similar agency actions that potentially burden the development or use of domestically produced energy resources, with particular attention to oil, natural gas, coal, and nuclear energy resources, and to develop recommendations on how to alleviate or eliminate aspects of agency actions that burden domestic energy production. More >>
Executive Order 13777: Enforcing the Regulatory Reform Agenda
On February 24, 2017, President Trump issued an executive order aimed at implementing and enforcing the President’s deregulatory agenda. This order builds upon and supplements a previous executive order which instructed agencies to ensure that the net costs of regulations issued this year was no more than zero and to identify two regulations for potential repeal for everyone one regulation issued.
A detailed summary is available on our Climate Deregulation Tracker here.
Executive Order 13766: Expediting Environmental Reviews and Approvals For High Priority Infrastructure Projects
On January 24, 2017, President Trump issued an executive order instructing agencies to streamline permitting and review processes for certain high priority infrastructure projects.
Presidential Memoranda Regarding Construction of the Keystone XL and Dakota Access Pipelines
On January 24, 2017, President Trump issued two presidential memoranda instructing the Secretary of the Army to “take all actions necessary and appropriate” to expedite the approval of the Keystone XL and Dakota Access Pipelines:
- Presidential Memorandum Regarding Construction of the Dakota Access Pipeline
- Presidential Memorandum Regarding Construction of the Keystone XL Pipeline
Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs
On January 30, 2017, President Trump signed an executive order instructing agencies to identify two regulations to repeal for every new regulation and to ensure that the total incremental cost of all new regulations is no greater than zero.
On April 5, 2017, the Office of Information and Regulatory Affairs (OIRA) issued final guidance on the implementation of the order (an update to interim guidance that was published on Feb. 2, 2017). The final guidance clarifies that agencies should consider only costs and not benefits when calculating the total cost of rulemakings (or cost savings of deregulatory actions): it states that anything traditionally viewed as a “benefit” in regulatory cost-benefit analysis should not be considered when calculating cost savings of a rule.
Litigation: The Executive Order has been challenged in a lawsuit filed by Public Citizen, the Natural Resources Defense Council, and the Communications Workers of America.
Executive Order 13514: Federal Leadership in Environmental, Energy, and Economic Performance
On October 5, 2009, President Obama issued Executive Order 13514, which instructs federal agencies to set or achieve various emissions reduction and energy and environmental benchmarks by 2015, 2020, and 2030. The order requires agencies to set GHG emissions reduction targets for 2020 within 90 days, and requires OMB to set a federal government target for 2020 within 120 days. The order also sets out required reductions in vehicle fleet petroleum use and requires increases in water and energy efficiency and in recycling and waste diversion rates. The order also mandates adoption of certain contract and procurement practices designed to promote energy and water efficiency and environmentally-preferable products.
- Executive Order 13514 (Fed. Reg. Oct. 8, 2009)
Executive Order 13547: Stewardship of the Ocean, Our Coasts, and the Great Lakes
In July 2010, Barack Obama issued Executive Order 13547, titled “Stewardship of the Ocean, Our Coasts, and the Great Lakes.” Among other things, the order establishes a policy of “adaptive management to enhance our understanding of and capacity to respond to climate change and ocean acidification.” The order established a National Ocean Council to implement the order’s policies, and directed relevant federal agencies to engage in marine/coastal planning.
- Executive Order 13547 (Jul. 22, 2010)
Presidential Memorandum Requiring Federal Government to Switch to Alternative Fuel Vehicles by 2015
A presidential memorandum on federal fleet performance issued May 24, 2011 will require all new light-duty vehicles purchased by the federal government to be powered by alternative fuels as of December 31, 2015. Alternative-fuel vehicles include hybrid or electric vehicles, or those that run on compressed natural gas or biofuels. The memorandum also requires that the General Services Administration (GSA) assist federal agencies in determining the “optimum fleet size” and eliminating unnecessary or non-essential vehicles. The memorandum states that “[t]he federal government operates the largest fleet of light-duty vehicles in America” and that consequently it “owe[s] a responsibility to American citizens to lead by example.”
Executive Order 13605: Supporting Safe and Responsible Development of Unconventional Domestic Natural Gas Resources
On April 13, 2012 the president issued an executive order establishing a new “Interagency Working Group to Support Safe and Responsible Development of Unconventional Domestic Natural Gas Resources.” Led by the Domestic Policy Council, the working group is designed to support the safe and responsible production of domestic unconventional natural gas. The goals of the group include (1) coordinating agency policy activities and ensuring their efficient and effective operation; (2) coordinating among agencies for the sharing of scientific, environmental, and related technical and economic information; (3) engaging in long-term planning and ensuring coordination among the appropriate Federal entities with respect to such issues as research, natural resource assessment, and the development of infrastructure; (4) promoting interagency communication with stakeholders; and (5) consulting with other agencies and offices. Other agencies and White House offices participating in the working group include the Department of Defense; the Environmental Protection Agency; the Department of Interior; the Department of Agriculture; the Department of Commerce; the Department of Health and Human Services; the Department of Energy; the Department of Transportation; the Department of Homeland Security; the Council on Environmental Quality; the Office of Management and Budget; and the Office of Science and Technology Policy.
- Executive Order (April 13, 2012)
President’s Climate Action Plan
The President’s Climate Action Plan, published in June 2013, outlines the steps that the executive branch will take to cut the carbon pollution that causes climate change and affects public health. The plan, which consists of a wide variety of executive actions, has three key pillars:
1) Cut Carbon Pollution in America
2) Prepare the United States for the Impacts of Climate Change
3) Lead International Efforts to Combat Global Climate Change and Prepare for its Impacts
- The President’s Climate Action Plan (June 2013)
Deregulatory Action: On March 28, 2017, President Trump issued an executive order revoking the President’s Climate Action Plan.
EO 13653: Preparing the United States for the Impacts of Climate Change
In November 2013, President Obama directed federal agencies to take various steps to prepare for climate change impacts and to support state and local resilience efforts. The order also established a State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience. In November 2014, the Task Force published a report and recommendations to the President on how the federal government could better support state and local adaptation efforts. July 2015, the White House issued a progress report on federal actions addressing the recommendations of the task force.
- Executive Order 13653 (Nov. 6, 1013)
Deregulatory Action: On March 28, 2017, President Trump issued an executive order revoking EO 13653.
Executive Order 13677: Climate-Resilient International Development
In September 2014, Barack Obama issued Executive Order 13677, requiring agencies involved in international development work to consider climate change resilience.
- Executive Order 13677 (Sept. 23, 2014)
Executive Order 13690: Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input
In January 2015, President Obama issued an executive order requiring all federal investments involving floodplains to meet higher flood risk management standards.
- Executive Order 13690 (Jan. 30, 2015)
- Draft Federal Flood Risk Management Standard Implementing Guidelines (Jan. 30, 2015)
Deregulatory Action: On August 15, 2017, President Trump issued an executive order revoking Executive Order 13690.
Executive Order 13693: Planning for Federal Sustainability in the Next Decade
In March 2015, President Obama signed an executive order to cut the federal government’s greenhouse gas emissions forty percent over ten years, with accompanying emission reduction plans from major federal suppliers.
- Executive Order 13693 (Mar. 25, 2015)
Deregulatory Action: On May 17, 2018, President Trump issued an executive order revoking Executive Order 13693.
Withdrawal of Certain Areas of the United States Outer Continental Shelf Offshore Alaska from Leasing Disposition
In January 2015, President Obama directed the Department of the Interior to indefinitely withdraw certain areas of the Outer Continental Shelf off the coast of Alaska from oil and gas leasing.
- Memorandum (Jan. 27, 2015)