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Presidential Executive Order 13783 (Donald Trump, 2017)

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Executive Order 13783: Promoting Energy Independence and Economic Growth was a presidentialexecutive order issued byPresidentDonald Trump (R) in March 2017 that established the Trump administration's policy for energy regulation. The order stated that "[i]t is in the national interest to promote clean and safe development of our Nation’s vast energy resources, while at the same time avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation." E.O. 13783 also called for an agency-wide review of all rules related to domestic energy development and rescinded a number of regulations concerning energy and climate policy.[1]

President Joe Biden (D) revoked E.O. 13783 on January 20, 2021, viaE.O. 13990.

Background

See also:Federal policy on energy and the environment, 2017-2020

In 2016, then-presidential candidateDonald Trump's (R) campaign platform included a pledge to rein in what he considered to be burdensome federal regulations that slowed down economic growth.[2] On March 28, 2017, Trump issued Executive Order 13783, titled "Promoting Energy Independence and Economic Growth." The order established the Trump administration's policy to promote the development of domestic energy resources, called for a review of all agency regulations related to domestic energy to ensure consistency with the broader policy, and rolled back a number or agency rules and executive actions related to energy and climate policy. In a press conference announcing the order, Trump stated, "I am going to lift the restrictions on American energy, and allow this wealth to pour into our communities."[1][3]

Impact

E&E News, a news organization focused on energy and the environment, analyzed the impact of E.O. 13783 in March 2018. The analysis examined the status of the following regulatory actions subject to the order:[4]

  • Clean Power Plan: The order required the administrator of theEnvironmental Protection Agency (EPA) to review and revise theClean Power Plan in light of the Trump administration's energy policy. The plan had been stayed by a Supreme Court order in 2016. As of March 2018, litigation concerning theClean Power Plan was on hold pending any regulatory changes. The EPA had solicited comments and held listening sessions to seek feedback on the plan.
  • Fracking regulations: The order rescinded Obama-era rules related to fracking on public and tribal lands. As of March 2018, a lawsuit filed byCalifornia and environmental groups was moving through federal district court inCalifornia.
  • EPA methane standards: Obama-era rules regarding oil and gas methane emissions remained in effect as of March 2018. The EPA's rescission of the rules was reversed by theUnited States Court of Appeals for the District of Columbia Circuit in the summer of 2017. The agency proposed a two-year freeze on the rules, but no further action had been taken as of March 2018.
  • BLM methane rule: TheU.S. Bureau of Land Management (BLM) announced plans to revise and roll back the Obama-era standards for natural gas waste on public and tribal lands in early 2018. As of March 2018, the rules remained in effect.
  • Oil and gas rules for other public lands: TheU.S. Department of the Interior had yet to revise regulations related to non-federal oil and gas rights beneath land managed by theNational Park Service and theU.S. Fish and Wildlife Service as of March 2018.
  • Coal leasing: TheU.S. Department of the Interior authorized leases for roughly 40 million tons of coal in 2017. Companies, on the other hand, withdrew applications for 901 million tons of coal as of March 2018.

Provisions

Purpose and policy

E.O. 13783 established the following policy regarding the Trump administration's approach to domestic energy regulation:

“(a) It is in the national interest to promote clean and safe development of our Nation’s vast energy resources, while at the same time avoiding regulatory burdens that unnecessarily encumber energy production, constrain economic growth, and prevent job creation. Moreover, the prudent development of these natural resources is essential to ensuring the Nation’s geopolitical security.[1][5]”

The order called on executive departments andagencies to review energy regulations and revise or rescind those with burdensome economic impacts. The order defined "burden" as "to unnecessarily obstruct, delay, curtail, or otherwise impose significant costs on the siting, permitting, production, utilization, transmission, or delivery of energy resources." Agencies were also directed to promote clean air and water initiatives while respecting the constitutional roles of Congress and the states. Lastly, the order requested agencies to develop regulations through transparent processes where the economic benefits exceed the regulatory costs and produce overall improvements for Americans.[1]

Regulatory review

See also:Regulatory review

E.O. 13783 required all agencies to conduct a review of regulations impacting domestic energy development:

“(a) The heads of agencies shall review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (collectively, 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. Such review shall not include agency actions that are mandated by law, necessary for the public interest, and consistent with the policy set forth in section 1 of this order.[1][5]”

Within 45 days of the date of the order, agency heads were required to submit a plan to the director of theU.S. Office of Management and Budget (OMB) for carrying out the review process. Agencies without applicable regulations were required to submit a statement confirming that they did not administer rules related to the order. Within 120 days of the date of the order, agencies were required to submit a draft final report outlining recommendations to alleviate the regulatory burdens on domestic energy development posed by regulations identified in the review plan. The order required agencies to submit the final version of the report within 180 days. The order directed agency heads to take action on the recommendations in the final report as soon as possible and to issue the appropriate notices in theFederal Register.

Rescission of executive orders

The order rescinded the following executive orders, memoranda, and reports related to climate and energy regulation:

“(a) The following Presidential actions are hereby revoked:


(i) Executive Order 13653 of November 1, 2013 (Preparing the United States for the Impacts of Climate Change);
(ii) The Presidential Memorandum of June 25, 2013 (Power Sector Carbon Pollution Standards);
(iii) The Presidential Memorandum of November 3, 2015 (Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment); and
(iv) The Presidential Memorandum of September 21, 2016 (Climate Change and National Security).

(b) The following reports shall be rescinded:

(i) The Report of the Executive Office of the President of June 2013 (The President’s Climate Action Plan); and
(ii) The Report of the Executive Office of the President of March 2014 (Climate Action Plan Strategy to Reduce Methane Emissions).

(c) The Council on Environmental Quality shall rescind its final guidance entitled “Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews,” which is referred to in “Notice of Availability,” 81 Fed. Reg. 51866 (August 5, 2016).[1][5]

”

The order also directed agency heads to revise or suspend any actions related to the above documents.[1]

Review of the Clean Power Plan

See also:Clean Power Plan

E.O. 13783 directed the EPA administrator to review certain regulatory actions related to theClean Power Plan to ensure consistency with the administration's overall energy policy. The following final rules were subject to review:

“(b) This section applies to the following final or proposed rules:


(i) The final rule entitled “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units,” 80 Fed. Reg. 64661 (October 23, 2015) (Clean Power Plan);
(ii) The final rule entitled “Standards of Performance for Greenhouse Gas Emissions from New, Modified, and Reconstructed Stationary Sources: Electric Utility Generating Units,” 80 Fed. Reg. 64509 (October 23, 2015); and
(iii) The proposed rule entitled “Federal Plan Requirements for Greenhouse Gas Emissions From Electric Utility Generating Units Constructed on or Before January 8, 2014; Model Trading Rules; Amendments to Framework Regulations; Proposed Rule,” 80 Fed. Reg. 64966 (October 23, 2015).

(c) The Administrator shall review and, if appropriate, as soon as practicable, take lawful action to suspend, revise, or rescind, as appropriate and consistent with law, the “Legal Memorandum Accompanying Clean Power Plan for Certain Issues,” which was published in conjunction with the Clean Power Plan.[1][5]

”

The order required the EPA administrator to inform theU.S. attorney general of any changes in order to provide notice to federal courts with related pending litigation.[1]

Review of social cost estimates

The order stated that the social cost estimates related to carbon, nitrous oxide, and methane that are used to perform regulatory impact analyses, or cost benefit analyses, must be based on the "best available science and economics." The order disbanded the Interagency Working Group on Social Cost of Greenhouse Gases (IWG) and revoked six of the IWG's technical documents related to the social cost of carbon. The order also directed agencies to ensure that monetized values for greenhouse gas emissions "are consistent with the guidance contained in OMB Circular A-4 of September 17, 2003 (Regulatory Analysis), which was issued after peer review and public comment and has been widely accepted for more than a decade as embodying the best practices for conducting regulatory cost-benefit analysis."[1]

Coal leasing moratorium

E.O. 13783 authorized the secretary of theU.S. Department of the Interior to lift the moratorium on federal land coal leasing:

“The Secretary of the Interior shall take all steps necessary and appropriate to amend or withdraw Secretary’s Order 3338 dated January 15, 2016 (Discretionary Programmatic Environmental Impact Statement (PEIS) to Modernize the Federal Coal Program), and to lift any and all moratoria on Federal land coal leasing activities related to Order 3338. The Secretary shall commence Federal coal leasing activities consistent with all applicable laws and regulations.[1][5]”

Review of oil and gas regulations

E.O. 13783 directed the administrator of theEPA to review and revise the following rule related to oil and gas emission standards:

“(a) The Administrator shall review the final rule entitled “Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources,” 81 Fed. Reg. 35824 (June 3, 2016), and any rules and guidance issued pursuant to it, for consistency with the policy set forth in section 1 of this order and, if appropriate, shall, as soon as practicable, suspend, revise, or rescind the guidance, or publish for notice and comment proposed rules suspending, revising, or rescinding those rules.[1][5]”

The order also directed the secretary of theInterior Department to review and revise the following regulations related to oil and gas production on federal and tribal lands:

“(i) The final rule entitled “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands,” 80 Fed. Reg. 16128 (March 26, 2015);


(ii) The final rule entitled “General Provisions and Non-Federal Oil and Gas Rights,” 81 Fed. Reg. 77972 (November 4, 2016);

(iii) The final rule entitled “Management of Non Federal Oil and Gas Rights,” 81 Fed. Reg. 79948 (November 14, 2016); and

(iv) The final rule entitled “Waste Prevention, Production Subject to Royalties, and Resource Conservation,” 81 Fed. Reg. 83008 (November 18, 2016).[1][5]

”

The order required theInterior secretary to inform theU.S. attorney general of any changes in order to provide notice to federal courts with related pending litigation.[1]

See also

External links

Footnotes

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