President Trump’s orders, which include withdrawing from international climate agreements and declaring an energy emergency, emphasize domestic production and regulatory reform.

By Nikki Buffa, Devin O’Connor, Janice Schneider, Stacey VanBelleghem, and Brian McCall

On the first day of his second term in office, President Donald Trump signed a series of executive orders and memoranda that signal a significant shift in US energy and environmental policy. These actions aim to reshape the regulatory landscape, prioritize domestic conventional energy production, and redefine the nation’s role in international environmental agreements.

Below is a high-level overview of the key presidential actions taken on Day 1. Latham & Watkins will be closely monitoring these developments and will provide more detailed analyses of certain individual actions in the coming days. As the Trump administration implements these policies, we will continue to offer insights and guidance to navigate the significantly evolving political and regulatory landscape.

  1. Initial Rescissions of Harmful Executive Orders and Actions: President Trump revoked close to 80 executive orders from the Biden administration, including those addressing public health and the environment, the climate crisis, and climate-related financial risks. The order also rescinds initiatives related to environmental justice, clean energy and electric vehicles, and implementing energy and infrastructure provisions from recent legislation. It also revokes Biden memoranda related to the withdrawal of certain areas off the US coast from oil or gas leasing.
  2. Declaring a National Energy Emergency: President Trump declared a “national energy emergency,” citing inadequate energy infrastructure and high energy prices as threats to national security. This declaration directs agencies to identify and exercise emergency authorities to facilitate conventional energy production, transportation, and refining, and calls for the use of emergency regulations, including under the Clean Water Act and the Endangered Species Act, to expedite energy infrastructure projects. The term “energy” is specifically defined to mean “crude oil, natural gas, lease condensates, natural gas liquids, refined petroleum products, uranium, coal, biofuels, geothermal heat, the kinetic movement of flowing water, and critical minerals, as defined by 30 U.S.C. 1606(a)(3).”
  3. Unleashing American Energy: This executive order outlines directives to enhance domestic energy production and return to energy dominance. It promotes exploration and production on federal lands and waters, including the Outer Continental Shelf (OCS), focusing specifically on resources such as oil, natural gas, coal, hydropower, biofuels, critical minerals, and nuclear energy. The order ends the pause on the US Department of Energy’s (DOE) review of applications for liquefied natural gas (LNG) exports, directing DOE to restart reviews as expeditiously as possible. The order also directs the Administrator of the Maritime Administration (MARAD) to assess any proposed deepwater port project for LNG export that previously received approval in a record of decision, to determine whether any proposed project refinements present seriously different adverse environmental consequences and then follow the processes set forth in the order.

    From a regulatory perspective, the order mandates a review of existing regulations that may burden domestic energy and mineral development, aiming to remove barriers to consumer choice in vehicles and appliances, specifically calling for the elimination of electric vehicle mandates. It instructs federal agencies to expedite and simplify the permitting process for energy projects, and directs the Council on Environmental Quality (CEQ) to provide guidance on implementing the National Environmental Policy Act (NEPA) and propose rescinding CEQ’s existing NEPA implementing regulations within 30 days. The order also revokes several executive orders and regulatory actions from the Biden administration related to climate change and clean energy, and terminates activities associated with the American Climate Corps. It directs all agencies to pause the disbursement of funds appropriated through the Inflation Reduction Act and the Infrastructure Investment and Jobs Act, pending review.
  4. Temporary Withdrawal of All Areas on the Outer Continental Shelf From Offshore Wind Leasing and Review of the Federal Government’s Leasing and Permitting Practices for Wind Projects: President Trump issued a presidential memorandum temporarily halting wind energy leasing across all areas of the OCS and initiating a review of permitting and leasing practices for both onshore and offshore wind projects. The memorandum “temporarily prevents consideration of any area in the OCS for new or renewed wind energy leasing”, and does not apply to leasing for other purposes such as oil, gas, minerals, and environmental conservation. Existing rights under current leases are not affected, but the secretary of the Interior, in consultation with the attorney general, will review these leases to assess the need to terminate or amend them, with a report and recommendations to be submitted to the president.

    The memorandum also mandates a temporary cessation and immediate review of federal wind leasing and permitting practices (both onshore and offshore), and directs federal agencies to not issue new or renewed approvals, rights-of-way, leases, or loans until the review is complete. The secretary of Energy and the Environmental Protection Agency administrator are also tasked with assessing the environmental impact and costs of defunct and idle wind turbines. Finally, the memorandum allows the attorney general to notify courts of the order and request delays or other appropriate relief in litigation related to onshore or offshore wind project leasing or permitting.
  5. Putting America First in International Environmental Agreements: The US has initiated the process to withdraw from the Paris Agreement, reverting to the position held during President Trump’s first term. The executive order also mandates ending financial commitments under the United Nations Framework Convention on Climate Change and revokes the US International Climate Finance Plan.
  6. Regulatory Freeze Pending Review: The Trump administration implemented a 60-day regulatory freeze, similar to measures taken by Presidents Obama, Trump, and Biden in the past. The freeze halted the issuance of new rules until they can be reviewed by newly appointed department heads, and applies to all executive departments and agencies, requiring a review and approval process for any new rules.
  7. Unleashing Alaska’s Extraordinary Resource Potential: This executive order was issued to maximize the development of Alaska’s natural resources, including energy, minerals, and timber. The order directs agencies to rescind or revise regulations that impede resource development and prioritize the permitting of energy projects, particularly LNG infrastructure.
  8. Putting People Over Fish: Stopping Radical Environmentalism to Provide Water to Southern California: This executive order directs the secretaries of Commerce and the Interior to prioritize water distribution throughout California. It mandates resuming efforts from President Trump’s first term to redirect water from the Sacramento-San Joaquin Delta to other parts of the state, countering previous environmental restrictions aimed at protecting species like the Delta smelt. The order highlights the need for a reliable water supply in light of recent wildfires and requires a progress report within 90 days on the implementation of these policies and any recommendations for future actions.
  9. Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis: This executive order directs federal agencies to take actions to lower energy prices by eliminating regulatory burdens viewed as increasing fuel and transportation costs. It targets the removal of what it describes as unnecessary and illegal regulatory demands on American energy production, including alleged mandates favoring electric vehicles over gas-powered ones.
  10. Hiring Freeze”: This memorandum mandates a hiring freeze for federal civilian employees across the executive branch, effective January 20, 2025, with exceptions for military personnel, and positions related to immigration enforcement, national security, public safety, and certain benefits programs. The director of the Office of Personnel Management may grant exemptions when necessary. A plan to reduce the federal workforce through efficiency and attrition will be submitted within 90 days, after which the freeze will expire for most agencies except the Internal Revenue Service, where it remains until deemed unnecessary by the secretary of the Treasury. The order prohibits contracting to bypass the freeze and allows reallocations to maintain essential services and protect national interests.

As these significant policy changes unfold, we will continue to closely monitor developments and assess their implications, and can assist with navigating this rapidly evolving regulatory environment.