What the EPA’s environmental regulation rollbacks actually mean

The Environmental Protection Agency just announced plans to reconsider 31 rules and policies that largely address climate change or aim to reduce pollution from burning fossil fuels. EPA Administrator Lee Zeldin described it as “the greatest day of deregulation our nation has seen.”

Amending federal rules and regulations is different — changes are likely to be felt over a much longer time horizon.. That’s because the foundational environmental laws of the country prescribe a process for making and unmaking rules. The EPA has to publish what its new rule will look like–a “proposed rule. EPA then seeks public comment on the rule and responds to that feedback. It also must get input from other federal agencies that might be affected by the changes EPA proposes. Industry and advocates have an opportunity to weigh in. The process takes months, if not longer, before a final rule is issued.

If the Trump administration tries to short-circuit these processes, its critics will likely sue and the courts could rule against EPA on process grounds. In any event, environmental advocates are likely to sue the regulator on most, if not all, the announced changes. That could further slow things down.

Another variable is the administration’s plan to slash EPA’s staff and spending. Changing rules in a way that survives court challenges takes specialized staff. But cuts loom for EPA at a time when it has pledged to move simultaneously to redo 31 rules and policies, a huge lift regardless of staffing.