Update: Trump’s Unleashing American Energy Executive Order Attempts to Recast NEPA Regulations

President Trump’s “Unleashing American Energy Executive Order,” issued on January 20, 2025, includes a number of provisions aimed at the National Environmental Policy Act (NEPA) regulatory process. The goal is to expedite permitting of energy projects.

In Section 5, “Unleashing Energy Dominance through Efficient Permitting,” the executive order directs the Council on Environmental Quality (CEQ) to rescind its NEPA regulations found at 40 CFR 1500, apparently embracing the Marin Audubon Society, et al. v. Federal Aviation Administration decision where a three-judge panel concluded that CEQ lacks the authority to issue binding regulations. Biden administration officials and environmental groups had sought en banc review, urging the full D.C. Circuit to overturn the panel’s decision in this case. They argued that CEQ’s authority is critical to ensuring consistent implementation of NEPA across federal agencies.

The executive order acknowledges that a revocation of CEQ’s regulations raises concerns about inconsistent implementation of NEPA by different federal agencies, and orders the Chairman of the CEQ to “convene a working group to coordinate the revision of agency-level implementing regulations for consistency.” To the extent that the purpose of this executive order is to increase permitting efficiency, one might question whether it makes sense to open the door for each agency to develop their own implementing NEPA regulations rather than just retaining CEQ’s binding authority to ensure uniformity across federal agencies in the first place.

Further, the order emphasizes that “all agencies must prioritize efficiency and certainty over any other objectives, including those of activist groups, that do not align with the policy goals” of encouraging energy exploration and production, streamlining regulations, prioritizing economic growth, and encouraging infrastructure development, among others, “or that could otherwise add delays and ambiguity to the permitting process.” While the meaning of this is not entirely clear, it appears that the executive order is directing agencies to prioritize getting permits approved rather than responding to concerns outside of that goal.

Finally, in NEPA and other permitting reviews, “agencies shall adhere to only the relevant legislated requirements for environmental considerations and any considerations beyond those requirements are eliminated.”

In short, the general purpose of these provisions is to make permitting of energy projects faster and easier. However, the extent to which this can be done via executive order is unclear, as changes must be consistent with existing statutes and comply with the Administrative Procedure Act. Expect litigation.

* Tess Finke contributed to this Blog. Ms. Finke is employed in Arnold & Porter’s Washington, D.C. office as a Legal Resource Assistant.

© Arnold & Porter Kaye Scholer LLP 2025 All Rights Reserved. This Blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.