Fact Sheet: President Donald J. Trump Pushes the Reset Button on America’s Energy Regulations
TLDR
This is a “fact” sheet for an executive order that implements a regulatory sunset mechanism requiring agencies to add expiration dates to energy regulations. Existing regulations will expire by September 30, 2026 unless renewed, while new regulations will expire after five years. The order exempts permitting regimes and claims to promote innovation through forced regulatory review, though critics argue it may create regulatory uncertainty, impose administrative burdens, favor extraction over protections, and shift power from Congress to the executive branch.
This is a “fact sheet” for an executive order that implements a regulatory sunset mechanism requiring agencies to insert expiration dates into energy regulations. Existing regulations will expire by September 30, 2026 unless actively renewed, while new regulations will expire after five years. The order exempts permitting regimes and claims to promote innovation by forcing continuous regulatory review.
The executive order and fact sheet claims present several problematic assumptions and likely consequences:
The automatic expiration mechanism creates regulatory uncertainty that may actually inhibit long-term energy investments. While marketed as promoting innovation, the order more likely disrupts regulatory continuity that businesses rely on for planning.
The assumption that regulations from past decades have no current value overlooks how many foundational energy regulations remain relevant despite their age. Regulatory frameworks evolve incrementally through amendments rather than wholesale replacements.
The “zero-based regulation” approach imposes significant administrative burdens on agencies that must review all existing regulations within a compressed timeframe. This likely creates resource constraints that favor regulatory elimination over thoughtful review.
By exempting permitting regimes while targeting other regulations, the order creates an imbalanced regulatory landscape favoring extraction over protections. This selective approach undermines the claimed focus on modernization.
The characterization of bureaucracy as inherently opposed to deregulation misrepresents the role of regulatory agencies, which implement congressional mandates rather than independently creating regulations. Many regulations stem from statutory requirements that agencies cannot simply eliminate.
The order’s focus on “energy abundance” over efficiency runs counter to market trends where energy innovation increasingly emphasizes both production and efficiency improvements. This false dichotomy seems designed to justify regulatory rollbacks rather than meaningful modernization.
By imposing automatic expirations, the order effectively shifts power from Congress to the executive branch, allowing the administration to nullify regulations without formal rulemaking processes or congressional oversight.
ZERO-BASED REGULATION TO UNLEASH AMERICAN ENERGY: Today, President Donald J. Trump signed an Executive Order requiring the automatic rescission of outdated regulations to unleash American innovation and energy production.
- The Order requires ten agencies and subagencies to insert a one-year expiration date into existing energy regulations.
- If not extended before the expiration date, these energy regulations will expire no later than September 30, 2026.
- Agencies will extend only those regulations that affirmatively serve American interests. The rest will expire, resetting the regulatory landscape.
- This Order will unleash American energy innovation, which has been frozen in the 1970s. Regulations from the Carter Administration should not govern energy production today.
- President Trump is laser focused on energy abundance, not just efficiency.
KEEPING AMERICAN ENERGY ON THE CUTTING EDGE: President Trump is committed to keeping American energy on the cutting edge:
- The Order requires the same agencies to include a five-year expiration date in future energy regulations, unless those new regulations are themselves deregulatory.
- If an agency does not affirmatively extend the expiration date of any energy regulation, that regulation will automatically expire after five years.
- This Order will ensure American energy regulations are continually reviewed and updated to keep up with modern technology and needs.
- The Order exempts permitting regimes, to ensure certainty for long-term development projects.
REWIRING THE BUREAUCRACY: President Trump knows that the bureaucracy is built to regulate, not deregulate. The result is an ever-increasing number of regulations that stifle innovation and limit American freedom.
- Zero-based regulation uses the bureaucracy against itself. If bureaucrats move slowly, the default is deregulation and free markets—not the sclerotic status quo.
- Zero-based regulation demolishes agency resistance against innovation. It forces agencies to reconsider every regulation, and justify it for the present day, making regulation more accountable to elections and the American people.