Monitoring democratic institutions through public records

Independent Agency Rules — Week of Apr 14, 2025

Some government agencies (like the FDA or EPA) are supposed to make decisions based on science and law, not politics. Can the President control what rules they write?

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During the week of April 14, 2025, the White House issued a series of executive orders that directly instruct independent federal agencies—including the EPA, the Nuclear Regulatory Commission, and the Federal Energy Regulatory Commission—to rescind, sunset, or bypass their own regulations. One order explicitly states that the standard public comment process is "unnecessary" because the President is ordering a rule's repeal. Several others direct agencies to let energy regulations expire automatically unless they are continuously renewed. The administration has framed these actions as efforts to cut red tape, improve regulatory efficiency, and advance energy independence.

This might matter because independent agencies like the EPA and NRC were created by Congress to make technical decisions based on science and law rather than political direction. If executive orders can override their rulemaking procedures or force regulations to expire without the legally required public process, it could undermine the system Congress established to ensure that rules protecting public health and safety are based on evidence rather than political preferences. A plausible alternative explanation is that presidents have long sought to reduce regulatory burdens, and many of these orders include language limiting them to what's "permitted by law"—meaning courts or agencies themselves may limit their actual impact. It's also possible that some targeted regulations genuinely need updating, and that executive attention can prompt overdue review that improves regulatory quality and aligns policy with current economic and energy goals.

In a separate action, the President signed an executive order addressing the law firm Susman Godfrey by name, suspending its employees' security clearances and directing agencies to terminate contracts with the firm, based on allegations of "activities detrimental to critical American interests." While the President has broad authority over security clearances and government contracts, singling out a law firm by name without any court finding of wrongdoing raises questions about using executive power to penalize legal opposition. The precedent of restricting firms for their legal work could discourage private attorneys from taking cases against the government.

On energy specifically, one presidential proclamation exempted coal-fired power plants from EPA mercury and air toxics standards by declaring the compliance technology "not available"—contradicting the EPA's own technical assessment. The administration argues this supports energy reliability and national security. Another order directs the Attorney General to challenge state climate laws in court, characterizing them as barriers to national energy policy.

Limitations: This is AI-generated analysis based on published government documents. It cannot assess whether these orders will survive legal challenge, how agencies will implement them, or their ultimate real-world effects.