KEY AGENCIES

Other Offices & Agencies

• EPA previously granted waivers to the California Air Resources Board to allow the state to implement its Advanced Clean Trucks (ACT) and Omnibus NOx rules, which established emission standards that are more stringent than federal requirements. On February 14, the Trump Administration’s EPA took the first step in seeking to revoke these waivers by submitting the waiver decisions to Congress for review under the Congressional Review Act (CRA). As a reminder, the omnibus regulations established benchmarks for emission reduction in heavy-duty engines beginning in model year 2024 and the ACT rule required manufacturers to produce and sell increasing percentages of zero-emission trucks and chassis. Under the CRA, Congress has a 60-day window to pass a measure expressing disapproval of an agency’s rule and receive the president’s signature. The CRA traditionally applies to agency regulations, so it remains unclear whether Congress has the authority to overturn a waiver, which is considered a notice of decision. ATA praised the decision for restoring “common sense to our nation’s environmental policies.”
• President Trump signed an Executive Order (EO), titled “Ensuring Accountability for All Agencies.” Under the EO, traditionally independent agencies, including STB, NLRB, and FMC, will be placed under White House supervision. As a result, these agencies must now submit draft regulations for review by the Office of Management and Budget and consult with the White House on their priorities. According to the White House, the traditionally independent agencies “cost billions of dollars and implicate some of the most controversial policy matters” without the review of the elected president. The EO is expected to face significant legal challenges.