EPA Announces Historic Deregulation
On March 12, 2025, the Environmental Protection Agency ("EPA") issued a flurry of press releases announcing its plan to rollback dozens of Biden-era, as well as earlier, environmental regulations. This historic move is part of the EPA's "Powering the Great American Comeback" Initiative.
EPA is planning a comprehensive reconsideration of its prior actions related to, among other things, climate change, including the following:
- The 2009 Endangerment Finding, which has been the basis for various environmental regulations, including vehicle emissions of greenhouse gases;
- The Biden administration's Clean Power Plan 2.0, aimed at regulating power plants;
- The Biden administration's "Good Neighbor Plan," which addresses the interstate transfer of air pollution;
- The Model Year 2027 regulations related to emissions from light- and medium-duty vehicles;
- The mandatory Greenhouse Gas Reporting Program, requiring annual emissions reports from members of the petroleum and natural gas industry;
- The implementation of the Clean Air Act's Regional Haze Program, focused on improving visibility at national parks and wilderness areas;
- The Mercury and Air Toxics Standards;
- Multiple National Emission Standards for Hazardous Air Pollutants affecting various industrial sectors;
- The National Ambient Air Quality Standards for particulate matter (PM2.5);
- The technology transition rule mandating the use of specific technologies for refrigerant systems;
- The 2024 Risk Management Plan rule, which affects facilities using extremely hazardous substances; and
- The 2024 wastewater regulations for coal-burning power plants, which set discharge standards for various wastewaters.
The EPA also plans to revise the definition of "waters of the United States" to align with the 2023 Supreme Court case Sackett v. EPA. EPA has also announced an early revision to the National Enforcement and Compliance Initiatives.
While the announcements align with President Trump's Executive orders and the administration's broader deregulation efforts to empower states and revitalize industries, the significant number of contemplated actions, combined with reduced staffing levels at the EPA, could complicate a judicial review of the rulemaking process.
These releases mark the beginning of the deregulation process, and enforceable changes are unlikely to be seen for some time. Nevertheless, those operating in affected industries should closely monitor developments.
