By Ben Chisam.
While President Trump has only been in office for a week and half, there have already been major changes to the political landscape. Most of the action taken towards environmental policy by the Trump administration thus far has come in the form of executive orders, the majority of which were signed on Trump’s first day in office. Executive orders are different from legislation and thus do not require congressional approval. The power of an executive order varies, and is subject to review by the courts, but generally they can impact the internal affairs of federal agencies and can even circumvent legislation when the president declares a national emergency.
Several of Trump’s executive orders explicitly target federal environmental justice programs. “Ending Radical and Wasteful Government DEI Programs and Preferencing” requires agencies to “terminate, to the maximum extent allowed by law, all DEI, DEIA, and ‘environmental justice’ offices and positions.” Agencies have 60 days to comply with the order and affected programs will likely include the Department of Justice’s (DOJ) Office of Environmental Justice and the Environmental Protection Agency’s (EPA) Office of Environmental Justice and Civil Rights. These offices work to build relationships with communities that face disproportionate environmental harms, providing funding and promoting fair involvement in the decision making process.
Additionally, Trump rescinded several executive orders from previous administrations related to environmental justice, including:
- “Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations,” signed February 16, 1994 by President Clinton. This landmark order stated that “each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.”
- “Tackling the Climate Crisis at Home and Abroad,” signed January 27, 2021 by President Biden. This order created the Justice40 Initiative, which sought to direct 40% of federal climate and clean energy investments to disadvantaged communities.
- “Revitalizing Our Nation’s Commitment to Environmental Justice for All,” signed April 26, 2023 by President Biden. This strengthened Clinton’s order by supporting a “whole-of-government” approach to environmental justice.
Beyond these, Trump revoked a Carter-era executive order that gave the Council on Environmental Quality (CEQ) the ability to regulate how federal agencies comply with the National Environmental Policy Act (NEPA). NEPA is a law that requires federal agencies to consider the environmental impacts of major government projects. For decades, environmental organizers have used NEPA to challenge government projects that pollute communities. While NEPA is still law, its future application is uncertain as agencies have relied on the CEQ’s regulations for guidance since the 1970s. You can read a more thorough analysis of what this change means here.
The President has made nonrenewable energy an early priority with executive orders that will open up new land in Alaska for drilling, explore drilling opportunities on other Federal lands and waters, withdraw the United States from the Paris Climate Accords, and remove incentives for electric vehicles. Trump has also declared a National Energy Emergency, suggesting that the EPA use emergency powers to relax the requirements of the Clean Air Act, Clean Water Act, and the Endangered Species Act. In practice, these orders set the stage for more pollution of air, water, and soil in our future.
While executive orders have less weight than legislation, they set the direction a presidential administration intends to take. As predicted, the Trump administration appears to be heading towards deregulation and away from environmental justice. Despite this, environmental groups across the country are already preparing to defend the environmental justice framework in court. As for CHEJ, to quote what I wrote in November, “the core of our work – grassroots community organizing – will remain the same.” Although the future remains uncertain, we always have the power to work together to create change.