Independent Agency Rules — Week of Jun 16, 2025

This week, two government actions raised questions about how much control the President can exert over agencies that are supposed to make independent decisions based on law and technical expertise.

An executive order on wildfire prevention issued June 12 directed the Federal Energy Regulatory Commission (FERC)—an independent agency—to consider starting new rulemaking aligned with the order's goals, and told the Attorney General to review ongoing wildfire lawsuits to make sure legal positions support the order's policy objectives. This might matter because FERC was set up by Congress to regulate energy markets based on technical and economic analysis rather than presidential directives, and pressure to align its decisions with White House policy could affect its ability to serve that function. Separately, during Senate debate on the GENIUS Act stablecoin legislation, Senator Van Hollen argued that the bill was pushed through while amendments addressing presidential conflicts of interest in cryptocurrency and strengthening enforcement tools were blocked from receiving votes.

There are reasonable alternative explanations for both developments. The wildfire executive order uses the phrase "consider initiating," which leaves FERC free to decline—presidents frequently express policy preferences to independent agencies without binding them. On the GENIUS Act, blocking amendments is a common procedural tactic used by Senate leaders of both parties and does not necessarily indicate an intent to shield the executive branch from oversight.

Limitations: This analysis is based on a small number of documents, including one senator's speech that represents a particular viewpoint. The executive order's real-world effects will depend on how agencies respond, which has not yet occurred.