Zero-based Regulatory Budgeting To Unleash American Energy

• The executive order aims to reform the regulatory structure in the U.S. to promote liberty and innovation in energy production.
• The complexity and volume of regulations have increased significantly, with the Federal Register nearing 200,000 pages, detrimental to energy innovation.
• It mandates that covered agencies include sunset provisions in their regulations, ensuring regular reexamination of rules for their public good.

Definitions:

• Conditional Sunset Date: The date a regulation expires unless extended.
• Covered Agency: Specific agencies directed to follow the order.
• Covered Regulation: Regulations issued under certain statutory authorities.

Applicable Agencies:

• Environmental Protection Agency (EPA)
• Department of Energy (DoE)
• Federal Energy Regulatory Commission (FERC)
• Nuclear Regulatory Commission (NRC)
• Department of the Interior subcomponents (e.g., Office of Surface Mining, Bureau of Land Management)
• United States Army Corps of Engineers (ACE)

Agency Responsibilities:

• Each covered agency must issue a sunset rule by September 30, 2025, including a Conditional Sunset Date of one year for existing regulations.
• New regulations must include a Conditional Sunset Date not exceeding five years.

Public Participation:

• Agencies must offer public comment opportunities on regulations before sunset dates, allowing for extensions if warranted.

Miscellaneous:

• Extensions or determinations regarding sunset dates will not count against regulatory requirements established in other executive orders.
• Coordination with DOGE Team Leads and the Office of Management and Budget (OMB) is required.
• The order will not apply to statutory regulatory permitting regimes.

Applicability:

• Provisions remain effective unless found invalid; does not restrict agency authority or OMB functions.
• No new rights or benefits are created for parties against the United States.