U.S. EPA Announces Sweeping Deregulatory Agenda

U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced an agenda to formally reconsider more than 30 existing rules and regulations. Administrator Zeldin called the effort "the biggest deregulatory action in American history."

Of the rules targeted for changes or elimination, several are of direct importance to planners. These rules include the Waters of the United States rule governing which streams and wetlands are covered under the Clean Water Act and the "endangerment finding" establishing the ability to regulate carbon emissions under the Clean Air Act. Also on the docket for review are the social cost of carbon rule and the recent Biden-era Clean Power Plant rule.

Unlike Executive Orders or updated discretionary program guidance, these rules cannot be changed unilaterally and will require a formal notice and comment process. Litigation on changes is considered likely, however moving forward with the process does send a strong signal regarding EPA's approach to enforcement and guidance. Zeldin has directed EPA to "focus on its core mission" and deprioritize enforcement of regulations that are "based on anything other than the best reading of a statute."

In other action, EPA leadership announced two changes that will take immediate effect. To comply with new Executive Orders, the agency is:

1. Eliminating certain equity and environmental justice operations, and
2. Clarifying the National Enforcement and Compliance Initiatives to end enhanced enforcement in areas designated by the Biden Administration as environmental justice communities.