Environmental Destruction Through Deregulation
Written by Eric Grimes and Rachel Westrate

In the decades since the first federal environmental statutes were passed, generations of people have worked to prevent and mitigate environmental harms. Yet, the second Trump Administration has prioritized dismantling environmental initiatives. From day one, the Trump Administration began stripping environmental protections by targeting past executive orders, agency officials, regulatory rulemaking, and international agreements.[1] In spite of growing public health and environmental concerns, the President has showed no signs of slowing down.

This article explores the Trump Administration’s environmental deregulatory agenda, which is causing immediate environmental harm and will create long lasting difficulty in the government’s ability to protect the environment. First, this article will give a brief history of pivotal federal environmental protections. Second, it will address some of the key protections the Trump Administration has removed or plans to remove and the tactics the Administration has used for deregulation. Last, we will turn to what this deregulation means for the future of environmental regulation and potential avenues for mitigating further harm.

I. The Brief and (Mostly) Bipartisan History of Environmental Regulation

Starting with federal pollution controls in the late 1940s, environmental legislation has long been the corner stone of environmental protection in the United States.[2] The passage of the Federal Water Pollution Control Act in 1948, which was amended in 1972 and again in 1977 to then become the Clean Water Act (CWA), and the Clean Air Act (CAA) in 1963, marked the beginning of federal regulation for the benefit of environmental health. In the years that followed, many more regulatory acts were passed focused on the protection or control of wilderness, wildlife, emissions, waste disposal, contaminates, and more.[3] Among those acts was the 1964 Wilderness Act, the 1969 National Environmental Policy Act (NEPA), and 1970 act creating the Environmental Protection Agency (EPA), each of which have been instrumental in the protection of key parts of our environment.[4] As the United States environmental movement gained traction, conservation become a priority, leading to the passage of the Endangered Species Act in 1973, the Resource Conservation and Recovery Act (RCRA) in 1976, the National Energy Conservation Policy Act in 1978, and the Fish and Wildlife Conservation Act in 1980.[5] All of these original statutes were passed with bipartisan support – in fact, six of the eleven were signed by Republican Presidents and 10 were passed with at least a 2/3 majority in the House and/or Senate with some being almost unanimous.[6] The Environmental Protection Agency, after all, was created under President Richard Nixon.[7]

As transboundary environmental issues, such as the depletion of the ozone layer and climate change, began to rise in the global consciousness in the late 1980s and 90s, the United States worked with international partners to address these harms. These international initiatives, supported by U.S. involvement, culminated in the Montreal Protocol in 1987, which was key in reversing ozone depletion, and the United Nations Framework Convention on Climate Change in 1992, which has worked to slow and reverse climate change and its resulting harms.[8] United States environmental legislation and regulation shifted to focus on international solutions, with bipartisan support to pass the 1987 Global Climate Protection Act; 1990 Clean Air Amendments to implement the Montreal Protocol; and the 1990 Global Change Research Act.

Due to the complexity of environmental issues and the continually changing science that must inform environmental protection, Congress specifically designed federal environmental statutes to be regulatory in nature and delegate authority to pass environmental regulations to agencies. Agencies are typically made up of experts in the sectors which they are charged with regulating. Additionally, in order to implement new, change old, or remove regulations, the Administrative Procedure Act (APA) requires agencies to receive public comment on their proposed action. This process allows scientists, industries, and the general public to comment on rules, contribute to the research supporting them, and inform the agency on the likely impacts to them. With this information, agency experts are able to make regulatory decisions based on a wide range of information and perspectives. Some of the most notable regulatory successes have been those created under the CAA, which have decreased certain air pollutants by 78 percent since 1970; those create under the CWA, which prevents 700 billion pounds of pollutant from entering our waters each year; and those supporting the Endangered Species Act, which have been credited with saving 99 percent of listed species from extinction.[9] Each of the acts, initiatives, and policies mentioned above has, largely through regulatory action, successfully improved aspects of the environment and contributed to an improved quality of life from the individual to global scale.

However, in the past 20 years, the United States has seen the politicization of the environment and the technical agencies which protect it.[10] A clear manifestation of this shift in environmental perspective is the Paris Climate Agreement, a widely accepted international agreement intended to combat the impacts of climate change on a global scale. In the 10 years since the Paris Agreement was signed, the United States has entered the Agreement under Democratic Administrations and been withdrawn from it under both the first and second Trump Administrations.[11] Another representation of the polarized climate has been the increased use of the Congressional Review Act (CRA) which allows Congress, through a simple majority vote in each chamber and signature from the President, to invalidate agency rules before they go into effect.[12] Since the passage of the CRA in 1996, 16 of the 20 times the Act has been used were during Trump’s first presidency in which the President and the Republican controlled Congress repealed many Obama-era regulations.[13] In order to avoid repeal of major regulations, the Biden Administration passed many of its key regulations at the beginning of Biden’s term, beginning a norm of passing large quantities of regulations early in a presidential term.[14] With this divide being the widest and most hostile it has ever been, the Trump Administration has made anti-environmental policy a key priority of its agenda.

II. Trump’s Deregulatory Tools and Environmental Targets

The second Trump Administration has taken this politicalization of environmental regulations to a new level. Even with President Trump’s short time back in office, the Administration has slashed far too many environmental regulations to cover one article. Several of these actions have captured national attention: the reconsideration of the greenhouse gas “endangerment” finding which allows EPA to regulate climate pollution; the recission of the Roadless Rule which protects our National Forests; and the dismemberment of the Council on Environmental Quality and rescission of all National Environmental Policy Act regulations, just to name a few.[15] While this article will mostly focus on deregulatory action within the EPA, Trump’s deregulatory agenda goes beyond the landmark regulations, and far deeper into the administrative state.

Just over a month after President Trump appointment him, EPA Administrator Lee Zeldin made “the largest deregulatory announcement in U.S. history”.[16] In pursuing his goal of “driving a dagger into the heart of the climate change religion,” Administrator Zeldin announced 31 planned administrative actions.[17] Among those actions is the planned “reconsideration” of many fossil fuel power plant regulations including air pollution standards, toxics standards, wastewater standards, and greenhouse gas reporting requirements; “reconsideration” of the Endangerment Finding and its resulting regulations and actions; redirection of enforcement resources; and the termination of many Biden-Harris programs and policies aimed at supporting clean energy development and environmental justice.[18] Time has shown that “reconsideration” means the rollback and/or removal of all of these regulations.[19] These actions will allow coal, oil, and gas industries to emit levels of pollution not seen for decades, and result in the contamination of the environment and the endangerment of human health.

In support of his deregulatory agenda, President Trump and Administrator Zeldin have expanded their tactics and begun relying on tools outside the normal rescind and revise process mandated by the APA. Below are several of those tools, and how they are being used to weaken environmental regulations.

Traditional Deregulation: Through traditional APA processes, President Trump and Administrator Zeldin have begun deregulatory action on many environmental regulations. One of their primary targets is the Mercury and Air Toxic Standards (MATS) which regulates hazardous air pollutants emitted from coal- and oil-fired power plants.[20] Mercury, a main regulated pollutant in the MATS, exposure can be extremely harmful to the environment and the brain functions and development of people and animals, especially children and pregnant women.[21] The Biden-era regulation, proposed in 2024, would have resulted in an over 65% reduction in toxic metal emissions, over $300 million in public health benefits, and reductions in other harmful air pollutants such as particulate matter and nitrous oxides.[22] Under a new EPA proposed rule, certain portion of the MATS will be repealed or revised to loosen the requirements on coal- and oil-fired power plants and allow them to significantly increased their emission of mercury and other pollutants.[23] The EPA is required to receive, consider, and respond to public comment on proposals; however, the EPA is allowed to weigh all information and its priorities as it sees fit. While a final rule has not been produced yet, any repeal or revisions to the MATS providing power plants greater leniency in their mercury emissions will have a direct impact on public health and the environment.

The Courts: The Trump Administration is using the judicial system to provide justification for deregulatory actions and encouraging courts to allow a bypass of typical administrative procedure. With the U.S. Supreme Court having not only a strong conservative majority, but three Trump appointed Justices, the Administration has been able to take advantage of and encourage further anti-regulation court decisions. Using a recent Supreme Court decision24] as support, the Trump Administration has pushed Administrator Zeldin to revise the definition of what are considered “waters of the United States” (WOTUS) and therefore subject to regulation under the CWA.[25] The new EPA rule will narrow the definition of WOTUS such that the new definition would only protect an estimated 19 percent of currently mapped wetlands.[26] This new rule will leave waters that had historical been protected by the CWA act vulnerable to degradation and pollution for years to come.[27]

The Trump Administration has also worked to weaponize lower federal courts. On September 11, 2025, the EPA filed a motion in the District of Columbia Circuit Court requesting they vacate Biden-era regulatory standards on four per- and polyfluoroalkyl substances (PFAS).[28] PFAS are manufactured chemicals that can be found in drinking water and many other products that can be harmful to reproductive health, developmental health, increase cancer risk, and cause many more harms.[29] Not only is the request to vacate PFAS standards a clear attempt to bypass the rulemaking process, but it would allow many harmful chemicals into our drinking water without regulation.[30] With deregulation coming from the very institution meant to uphold public protections, the harm of deregulatory action is imminent.

Defunding: Another avenue the Administration has used to implement its deregulatory agenda is defunding programs. A key example of this tactic is the freezing and withholding of tax incentives and grant monies provided from the Inflation Reduction Act (IRA).[31] Without access to the incentives provided in the IRA, many projects and programs focused on the bolstering of solar and reduction of greenhouse gases to meet stricter regulations will have to cease work or be abandoned entirely not to mention the impacts of removing benefits to individuals and families.[32]

Administrator Zeldin has also used defunding as a form of deregulation by making significant reductions in staff and budget of programs. Since Trump took office in January 2025, nearly 4,000 employees have either left or been laid-off from the EPA removing up a quarter of its workforce.[33] In July 2025, Administrator Zeldin boasted a “savings” of $748.8 million through staff reductions and budget cuts.[34] The most recent Trump Administration budget proposals clearly indicate the President’s intention to deregulate environmental protections.[35] Among the many funding cuts requested in the budget proposal, the Administration is requesting an appalling 54% reduction in funding to the EPA.[36] If this extreme a reduction in funding were to be approved, the EPA would have no choice but to operate at a fraction of its former capacity. Without sufficient staff, the EPA will have severely limited capacity hindering its ability to adequately regulate and enforce environmental protections. Through Administrator Zeldin’s defunding initiatives, the EPA will have limited resources and personnel to competently conduct its work and protect the environment.

The Administration’s direct deregulation, court supported efforts, and defunding discussed here make up a small portion of the harm the Administration has done in the EPA and an even smaller portion of the Administration’s efforts government-wide. With all these harms to be felt from just a portion of the Trump Administration’s deregulatory agenda in the EPA, the United States wide impacts from President Trump’s deregulatory agenda are likely to be exorbitant.

III. What’s Next

While the impacts of Trump’s environmental deregulation will be seen immediately with more polluted air, water, and land, the effects of this Administration on the ability of regulatory agencies to do their jobs will be long lasting. In the Trump Administration’s efforts to “cut waste,” the Administration has caused numerous agency employees to leave either through termination or encouraging their departure.[37] The New York Times estimates that around 300,000 federal workers will have permanently left the federal government by the end of 2025.[38] With a reduced work force, federal agencies will have a majorly reduced compacity to carry out their work. This leads to reduced research to inform regulation, ability to propose rules and comply with regulatory processes, and ability to enforce the regulations in place thereby minimizing the regulatory power of the agencies.

However, those outside the federal government are still fighting for environmental protection. Many states and environmental groups have filed lawsuits against the Trump Administration or government agencies to challenges regulatory repeals or ensure the federal government is carrying out its duty.[39] Many organizations and individuals have submitted comments on proposed regulatory rules.[40] Others, such as the Environmental & Energy Law Program at Harvard Law School and the Sabin Center for Climate Change Law at Columbia Law School, have made efforts to track the deregulatory efforts.[41] Each of these efforts and others will be essential, especially for the durations of the Trump Administration, to slow and/or block the environmental deregulatory agenda.

Conclusion

The Trump Administration is attacking environmental regulation on all fronts. From emissions and pollution to conservation and preservation to environmental consideration and enforcement, the Trump Administration has made clear its intention to rollback and remove as many environmental protections as it can. Without these regulatory protections, our environment and communities will once again be vulnerable to the harms that environmental regulations have worked to prevent. With the second Trump Administration only just beginning, the danger will only grow and the harms expand. The importance to protect the regulations that have long protected us has never been greater.

Author Bio:
Eric Grimes is a third-year law student at Vermont Law and Graduate School. Eric is a Managing Editor for Vermont Law Review Vol. 50 and Vermont Journal of Environmental Law Vol. 27.

[1] Memorandum on Regulatory Freeze Pending Review, 90 Fed. Reg. 8249 (Jan. 28, 2025); Exec. Order No. 14,148, 90 Fed. Reg. 8237 (Jan. 28, 2025); Exec. Order No. 14,162, 90 Fed. Reg. 8455 (Jan. 30, 2025).

[2] A Timeline of Major US Environmental Milestones, Apex AP (Dec. 1, 2022), https://apexcos.com/blog/a-timeline-of-major-us-environmental-milestones.

[3] Id.

[4] Id.

[5] Id.

[6] Nat’l Archives & Recs. Admin., S. 2770, Federal Water Pollution Control Act Amendments of 1972, U.S. Capitol Visitor Center, https://www.visitthecapitol.gov/artifact/s-2770-federal-water-pollution-control-act-amendments-1972 (last visited Dec. 21, 2025); H.R.3199 – Clean Water Act of 1977: All Actions, Congress.gov (Dec. 12, 1977) https://www.congress.gov/bill/95th-congress/house-bill/3199/all-actions?overview=closed&q=%7B%22roll-call-vote%22%3A%22all%22%7D; Jeffrey A. Joens, Clean Air Act of 1963, EBSCO (2023), https://www.ebsco.com/research-starters/law/clean-air-act-1963; Wilderness Act, Ballotpedia, https://ballotpedia.org/Wilderness_Act (last visited Dec. 21, 2025); National Environmental Policy Act, Ballotpedia, https://ballotpedia.org/National_Environmental_Policy_Act (last visited Dec. 21, 2025); Congressional Quarterly, Congress Accepts Four Executive Reorganization Plans, 26 CQ Almanac 1970 (1971), http://library.cqpress.com/cqalmanac/cqal70-1293675; S.1983 – Endangered Species Act of 1973: All Actions, Congress.gov (Dec. 20, 1973), https://www.congress.gov/bill/93rd-congress/senate-bill/1983/all-actions?overview=closed&q=%7B%22roll-call-vote%22%3A%22all%22%7D; S.2150 – Resource Conservation and Recovery Act of 1976: All Actions, Congress.gov (June 30, 1976), https://www.congress.gov/bill/94th-congress/senate-bill/2150/all-actions?overview=closed&q=%7B%22roll-call-vote%22%3A%22all%22%7D; H.R.5037 – National Energy Conservation Policy Act: All Actions, Congress.gov (Oct. 14, 1978), https://www.congress.gov/bill/95th-congress/house-bill/5037/all-actions?overview=closed&q=%7B%22roll-call-vote%22%3A%22all%22%7D; H.R.3292 – An Act to Assist the States in Developing Fish and Wildlife Conservation Plans and Actions, and For Other Purposes: All Actions, Congress.gov (Sep. 29, 1980), https://www.congress.gov/bill/96th-congress/house-bill/3292/all-actions.

[7] The Origins of EPA, U.S. Env’t Prot. Agency (Nov. 6, 2025), https://www.epa.gov/history/origins-epa.

[8] About Montreal Protocol, UN Environment Programme, https://www.unep.org/ozonaction/who-we-are/about-montreal-protocol (last visited Dec. 21, 2025); The Paris Agreement, United Nations Climate Change, https://unfccc.int/process-and-meetings/the-paris-agreement (last visited Dec. 21, 2025).

[9] Progress Cleaning the Air and Improving People’s Health, U.S. Env’t Prot. Agency (Mar. 19, 2025), https://www.epa.gov/clean-air-act-overview/progress-cleaning-air-and-improving-peoples-health; Clean Water Act, National Wildlife Federation, https://www.nwf.org/Our-Work/Waters/Clean-Water-Act (last visited Dec. 21, 2025); Celebrating 50 Years of Success in Wildlife Conservation, U.S. Dep’t Interior (Feb. 13, 2023), https://www.doi.gov/blog/endangered-species-act-celebrating-50-years-success-wildlife-conservation.

[10] E. Keith Smith, M. Julia Bognar & Adam P. Mayer, Polarisation of Climate and Environmental attitudes in the United States, 1973–2022, npj Climate Action 3, 2 (Jan. 10, 2024).

[11] Environmental & Energy Law Program, Regulatory Tracker: Paris Climate Agreement, Harv. L. Sch. (Jan. 20, 2025), https://eelp.law.harvard.edu/tracker/paris-climate-agreement.

[12] What is the congressional Review Act?, Cal. Evn’t Voters (May 28, 2025), https://envirovoters.org/what-is-the-congressional-review-act.

[13] Zhoudan Xie et al., 2024 Regulatory Year in Review: Ten Important Regulatory Developments 2 (Geo. Wash. Regul. Stud. Ctr., Jan. 15, 2025), https://regulatorystudies.columbian.gwu.edu/2024-regulatory-year-review.

[14] Id.

[15] EPA Releases Proposal to Rescind Obama–Era Endangerment Finding, Regulations that Paved the Way for Electric Vehicle Mandates, U.S. Env’t Prot. Agency (July 29, 2025), https://www.epa.gov/newsreleases/epa-releases-proposal-rescind-obama-era-endangerment-finding-regulations-paved-way; Secretary Rollins Rescinds Roadless Rule, Eliminating Impediment to Responsible Forest Management, U.S. Dep’t Agric. (June 23, 2025), https://www.usda.gov/about-usda/news/press-releases/2025/06/23/secretary-rollins-rescinds-roadless-rule-eliminating-impediment-responsible-forest-management; Exec. Order No. 14,154, 90 Fed. Reg. 8353 (Jan. 29, 2025).

[16] EPA Launches Biggest Deregulatory Action in U.S. History, U.S. Env’t Prot. Agency (Mar. 12, 2025), https://www.epa.gov/newsreleases/epa-launches-biggest-deregulatory-action-us-history.

[17] Id.

[18] Id.

[19] Id.

[20] Mercury and Air Toxics Standards, U.S. Env’t Prot. Agency (July 30, 2025), https://www.epa.gov/stationary-sources-air-pollution/mercury-and-air-toxics-standards.

[21] U.S Env’t Prot. Agency, Regulatory Impact Analysis for the Final Mercury and Air Toxics Standards (2011); National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units, 77 Fed. Reg. 9304 (Feb. 16, 2012) (to be codified at 40 C.F.R. pts 60, 63).

[22] Biden–Harris Administration Finalizes Suite of Standards to Reduce Pollution from Fossil Fuel–Fired Power Plants, U.S. Env’t Prot. Agency (Apr. 25, 2024), https://perma.cc/EJ2G-UEK6.

[23] National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units, 90 Fed. Reg. 25535 (June 17, 2025) (to be codified at 40 C.F.R. pt. 63).

[24] Sacket v. EPA, 598 U.S. 651 (2023).

[25] EPA & Army Corps Unveil Clear, Durable WOTUS Proposal, U.S. Env’t Prot. Agency (Nov. 17, 2025), https://www.epa.gov/newsreleases/epa-army-corps-unveil-clear-durable-wotus-proposal.

[26] Daniel Swenson, Proposed Update to Definition of WOTUS: Will Federally Regulated Wetlands Continue to Shrink?, Env’t Sci. Assocs. (Dec. 8, 2025), https://esassoc.com/news-and-ideas/2025/12/proposed-update-to-definition-of-wotus-will-federally-regulated-wetlands-continue-to-shrink.

[27] Updated Definition of “Waters of the United States,” 90 Fed. Reg. 52498, 52499 (Nov. 20, 2025) (to be codified at 40 C.F.R. pt. 120).

[28] Environmental & Energy Law Program, Regulatory Tracker: PFAS in Drinking Water, Harv. L. Sch. (Sep. 11, 2025), https://eelp.law.harvard.edu/tracker/paris-climate-agreement.https://eelp.law.harvard.edu/tracker/pfas-in-drinking-water/; Betsy Southerland, EPA Moves to Roll Back PFAS Drinking Water Protections, Leaving Americans Exposed to Toxic Chemicals at the Tap, Env’t Prot. Network (Sep. 12, 2025), https://www.environmentalprotectionnetwork.org/20251209_pfas-rollback.

[29] Our Current Understanding of the Human Health and Environmental Risks of PFAS, U.S. Env’t Prot. Agency (Nov. 5, 2025), https://www.epa.gov/pfas/our-current-understanding-human-health-and-environmental-risks-pfas.

[30] Per- and Polyfluoroalkyl Substances (PFAS): Final PFAS National Primary Drinking Water Regulation, U.S. Env’t Prot. Agency (Dec. 4, 2025), https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas.

[31] To learn more about the withholding of these funds, see the full article on the impacts of the One Big Beautiful Bill written by Emily Dwight.

[32] U.S. Climate Policy Resource Center: Inflation Reduction Act Tax Credits and Rebates, World Res. Inst., https://www.wri.org/us-climate-policy-implementation/tax-credits-rebates (last visited Dec. 21, 2025).

[33] EPA Announces Reduction in Force, Reorganization Efforts to Save Taxpayers Nearly Three–Quarters of a Billion Dollars, U.S. Env’t Prot. Agency (July 18, 2025), https://www.epa.gov/newsreleases/epa-announces-reduction-force-reorganization-efforts-save-taxpayers-nearly-three.

[34] Id.

[35] U.S. Executive Office of the President, Letter on the Major Discretionary Funding Changes Recommended by President Trump (May 2, 2025).

[36] U.S. Env’t Prot. Agency, FY 2026 EPA Budget in Brief (2025); Drew Friedman, Some Agencies Face Significant Budget Cuts Under House Appropriations Package, Fed. News Network (July 16, 2025), https://federalnewsnetwork.com/budget/2025/07/some-agencies-face-significant-budget-cuts-under-house-appropriations-package.

[37] Eileen Sullivan, Year Will End With 300,000 Fewer Federal Workers, Trump Official Says, NY Times (Aug. 22, 2025), https://www.nytimes.com/2025/08/22/us/politics/trump-federal-workers.html.

[38] Id.

[39] Air Alliance Houston, et al., v. Donald Trump, No. 1:25-cv-01852 (D.D.C. June 12, 2025) (challenging the repeals to Mercury and Air Toxics Standards); Texas Env’t Just. Advoc. Servs., et al. v. Donald Trump, et al., No. 25-03745 (D.D.C. Oct. 22, 2025) (challenging Ethylene Oxide Emissions Standards exemptions granted by the Trump Administration).

[40] Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals from Electric Utilities; CCR Management Extension Rule; Withdrawal of Direct Final Rule, 90 Fed. Reg. 42708 (Sep. 4, 2025) (to be codified at 40 C.F.R. pt. 257) (rescinding a EPA regulation due to receipt of adverse comments); Env’t Prot. Agency, Public Comment on Reconsideration of 2009 Endangerment Finding and Greenhouse Gas Vehicle Standards, Regulations.gov (Sep. 22, 2025), https://www.regulations.gov/document/EPA-HQ-OAR-2025-0194-0093/comment.

[41]Environmental & Energy Law Program, Regulatory Tracker, Harv. L. Sch., https://eelp.law.harvard.edu/tracker-type/regulatory-tracker/?_title=mercury (last visited Dec. 21, 2025); Sabin Center for Climate Change Law, Climate Deregulation Tracker, Colum. L. Sch., https://climate.law.columbia.edu/climate-deregulation-tracker (last visited Dec. 21, 2025).