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Federal laws don’t ban rollbacks of environmental protection, but they don’t make it easy

5 0
21.04.2025

President Donald Trump and Environmental Protection Agency Administrator Lee Zeldin have announced their intent to reconsider dozens of current regulations in an effort to loosen standards originally imposed to protect the environment and public health. But it’s not as simple as Trump and Zeldin just saying so.

A few of the changes, such as reconstituting the membership of EPA’s Science Advisory Board and Clean Air Act Scientific Advisory Committee or using enforcement discretion to avoid targeting favored industries, are administrative measures that can be changed with the stroke of a pen.

But many, including carbon emissions standards for power plants and motor vehicles, wastewater limits for refineries and chemical plants, or air pollution standards, can only be revised in accordance with the Administrative Procedure Act, a federal law first passed in 1946.

That process includes public notice of the proposed changes, an opportunity for the public to comment on those proposals, and a review of those comments by the responsible federal agency.

There are some explicit restrictions that prevent loosening of existing environmental standards for clean air and water. In general, though, if the administration has evidence to support its claims that the protections should be reduced and the administration follows the process required by law, it is possible to loosen the restrictions. But as a former longtime senior leader at EPA and student of environmental policy, I know that process is not easy – and it’s not meant to be.

As examples of how the process of changing the rules and standards works, let’s look at the provisions of the Clean Air Act and the

© The Conversation