Donald Trump, now President-elect, won the election on promises to roll back Biden-era regulations, particularly those targeting net-zero emissions in the energy sector. While Trump aims to undo these policies quickly, analysts say it won’t be as easy as flipping a switch.
The Biden administration implemented 1,114 new regulations, costing $1.8 trillion and consuming an estimated 346 million hours of paperwork. Unwinding these rules will depend on how they were established. Some regulations, like executive orders, can be scrapped with new orders. Others, finalized through the formal rule-making process, require a drawn-out reversal procedure under the Administrative Procedures Act (APA). This includes public comments, delays, and potential court reviews.
Things could move more quickly for rules that didn’t go through the proper process. Legal challenges have already blocked some of Biden’s policies, and Trump’s Justice Department could push for court rulings to undo others. While executive orders are powerful, they can’t directly change existing regulations, so it’ll take a mix of lawmaking and legal action to make it happen.
Congress offers another route. Using the Congressional Review Act (CRA), lawmakers can overturn rules finalized late in Biden’s term. Since its inception, the CRA has been used sparingly but effectively, notably to scrap 16 Obama-era rules in 2017. If Republicans secure a strong majority, they could revive this tool to dismantle recent Biden policies.
Legal battles are underway over several Biden mandates. Trump’s Department of Justice could align with court rulings to fast-track the removal of contested regulations. Appeals to the Supreme Court might overturn unfavorable lower-court decisions. Meanwhile, federal agencies can stall enforcement while cases are resolved.
Who Trump picks for key roles will make or break his plans. His team needs to be on the same page to pull off his deregulation dreams. Oh, and he’s also roped in Elon Musk and Vivek Ramaswamy to run a shiny new department aimed at cutting through government red tape and making things run smoother.
At the end of the day, Trump’s plan combines executive orders, actions in Congress, court battles, and relying on his team to pull it all together. If it succeeds, it could bring big changes to federal policies.