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The Takeaway

This year is poised to be a busy year for environmental law, with Supreme Court cases, new U.S. EPA initiatives, and regulatory (or deregulatory) actions.

U.S. EPA’s New Priorities

On February 4, 2025, the newly appointed Administrator of the U.S. Environmental Protection Agency (EPA), Lee Zeldin, announced Five Pillars that constitute the Powering the Great American Comeback Initiative. The Initiative describes EPA’s priorities under the new administration. The Five Pillars are:

Pillar 1: Clean Air, Land, and Water for Every American

Every American should have access to clean air, land, and water. I will ensure the EPA is fulfilling its mission to protect human health and the environment. In his first term, President Trump advanced conservation, reduced toxic emissions in the air, and cleaned up hazardous sites, while fostering economic growth for families across the country. We remain committed to these priorities in this administration, as well as ensuring emergency response efforts are helping Americans get back on their feet in the quickest and safest way possible. We will do so while remaining good stewards of tax dollars and ensuring that every penny spent is going towards advancing this mission. [1]

Pillar 2: Restore American Energy Dominance

Pursuing energy independence and energy dominance will cut energy costs for everyday Americans who are simply trying to heat their homes and put gas in their cars. This will also allow our nation to stop relying on energy sources from adversaries, while lowering costs for hardworking middle-income families, farmers, and small business owners. I look forward to working with the greatest minds driving American innovation, to ensure we are producing and developing the cleanest energy on the planet.[2]

Pillar 3: Permitting Reform, Cooperative Federalism, and Cross-Agency Partnership

Any business that wants to invest in America should be able to do so without having to face years-long, uncertain, and costly permitting processes that deter them from doing business in our country in the first place. It will be important for the EPA to work with our partners at the state and federal levels to ensure projects are being approved and companies can invest billions of dollars into our nation. Streamlining these processes, while partnering with businesses to follow the necessary steps to safeguard our environment, will incentivize investment into our economy and create American jobs.[3]

Pillar 4: Make the United States the Artificial Intelligence Capital of the World

As we rapidly advance into this new age of AI, it is important that the United States lead the world in this field. Those looking to invest in and develop AI should be able to do so in the U.S., while we work to ensure data centers and related facilities can be powered and operated in a clean manner with American-made energy. Under President Trump’s leadership, I have no doubt that we will become the AI capital of the world.[4]

Pillar 5: Protecting and Bringing Back American Auto Jobs

Our American auto industry is hurting because of the burdensome policies of the past. Under President Trump, we will bring back American auto jobs and invest in domestic manufacturing to revitalize a quintessential American industry. We will partner with leaders to streamline and develop smart regulations that will allow for American workers to lead the great comeback of the auto industry.[5]

The Five Pillers span a range of issues, including topics beyond air, land, water, and energy. Consistent with other initiatives and policies of the new administration, the environmental pillars incorporate the goals of economic growth and fiscal responsibility. These priorities are expected to act in tandem with the multitude of executive orders issued, with more orders likely to come.

For example, on February 19, 2025, President Trump issued an executive order titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative.”[6] This order directs agency directors to review all regulations under their jurisdiction and, within 60 days, provide a list that identifies regulations that, among other things, are unconstitutional, are based on unlawful delegations of legislative power, “are based on anything other than the best reading of the underlying statutory authority or prohibition,” and “that impose significant costs upon private parties that are not outweighed by public benefits.” The Office of Information and Regulatory Affairs is to then consult with agency directors to develop a regulatory agenda that proposes to rescind or modify the regulations identified, as appropriate.

U.S. Supreme Court Cases

On top of the drastic change of course in the EPA’s focus, this year is also shaping up to be a heavy year for environmental law at the U.S. Supreme Court.

The first of these issues is slated to be heard on March 25 when the Court will hear three cases involving appropriate venue for challenges to EPA’s actions under the Clean Air Act. The cases illustrate tension between EPA’s actions applicable to national versus local issues. On the one hand, laws that require actions with “nationwide scope or effect” or challenges to “nationally applicable regulations” are to be filed exclusively in the U.S. Court of Appeals for the District of Columbia Circuit. On the other hand, the existing standard is that actions taken by the EPA that are “locally or regionally applicable” can be filed only in the local or regional courts.

The three cases involved are:

• Oklahoma, et al. v. Environmental Protection Agency, et al., No. 23-1067: Addresses whether a final EPA action taken pursuant to the Clean Air Act with respect to one state or region can be challenged only in the D.C. Circuit because the action was published in the same Federal Register as actions affecting other states and purportedly used a consistent analysis for all states.
• PacifiCorp, et al. v. Environmental Protection Agency, et al., No. 23-1068: Consolidated with the Oklahoma case above and addresses same issue.
• Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., et al., No. 23-1229: Addresses whether the D.C. Circuit is the appropriate venue for multiple petitions for review filed by oil refineries that sought exemptions from the Renewable Fuel Standard program.

[1] https://www.epa.gov/newsreleases/epa-administrator-lee-zeldin-announces-epas-powering-great-american-comeback

[2] Ibid.

[3] Ibid.

[4] Ibid.

[5] Ibid.

[6] https://www.whitehouse.gov/presidential-actions/2025/02/ensuring-lawful-governance-and-implementing-the-presidents-department-of-government-efficiency-regulatory-initiative/