Anaya Nolan
Former US President Donald Trump has issued several controversial executive orders during his presidency, including an order to block the enforcement of state laws aimed at reducing fossil fuel use and addressing climate change. This executive order, issued in April 2025, directed the US attorney general to identify and take action against state laws related to climate change, ESG initiatives, environmental justice, and carbon emissions. The order specifically targeted laws in states like New York, Vermont, and California, which imposed fines on fossil fuel companies for their contribution to climate change or implemented cap-and-trade policies. This move sparked legal challenges and lawsuits from various entities, including state governments and tribal nations, who argued that the president's tariffs and climate policies were unlawful and detrimental to their economies and residents.
| Characteristics | Values |
|---|---|
| Repeal of regulations | Unlawful under recent Supreme Court decisions |
| Agencies | Must revoke unlawful regulations using the APA's "good cause" exception |
| Supreme Court decisions | Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024); West Virginia v. EPA, 597 U.S. 697 (2022); Carson v. Makin, 596 U.S. 767 (2022); Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U.S. 14 (2020); Sackett v. EPA, 598 U.S. 651 (2023); Ohio v. EPA, 603 U.S. 279 (2024); Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021); SEC v. Jarkesy, 603 U.S. 109 (2024); Michigan v. EPA, 576 U.S. 743 (2015) |
| State laws | State laws and policies are "fundamentally irreconcilable" with the administration's objectives |
| State laws and policies | Targeted by President Trump's executive order to block enforcement of laws passed to reduce fossil fuel use and combat climate change |
| State laws | Include laws in Michigan, Colorado, Minnesota, California, Washington State, and Northeastern states |
| State laws | Include laws that fine fossil fuel companies, cap-and-trade policies, and lawsuits against energy companies |
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What You'll Learn
Trump's second term policy changes
In his second term, President Trump has outlined a wide-ranging agenda that blends traditional conservative approaches to taxes, regulation, and cultural issues with a populist bent on trade and a shift in America's international role.
Trump's second-term policy changes include a focus on immigration, with the creation of \"the largest mass deportation program in history." This includes the use of the National Guard and the empowerment of domestic police forces. Trump has also proposed \"ideological screening\" for entrants and ending birthright citizenship, which would require a constitutional change. He has also promised to re-institute first-term practices, such as the "remain in Mexico" policy and severely limiting or banning entrants from certain Muslim-majority nations.
Trump's agenda also includes a rollback of federal government efforts on civil rights and an expansion of presidential powers. He has targeted the Department of Education for elimination, proposing to use federal funding as leverage to pressure school systems to abolish tenure and adopt merit pay for teachers, as well as scrap diversity programs. Trump also intends to take over the accreditation processes for colleges, describing this as his "secret weapon" against those he claims control higher education.
Energy policy is another key area, with Trump's administration ramping up fossil fuel production and withdrawing from the Paris Agreement on climate change. They have proposed slashing federal funding for renewable energy research and investment, and the president has announced import taxes targeting Canada, Mexico, and China.
Project 2025, a set of recommendations by the Heritage think tank, has influenced some of Trump's second-term policies. It includes proposals to place the entire federal bureaucracy, including independent agencies, under direct presidential control, and to eliminate job protections for government employees. It also suggests a strategy for implementing policies, such as creating a database of conservative loyalists to fill government positions.
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Supreme Court decisions
In April 2025, US President Donald Trump issued an executive order to block the enforcement of state laws that were enacted to reduce the use of fossil fuels and combat climate change. The order was aimed at laws in several states, including Michigan, Colorado, Minnesota, California, Washington, and Northeastern states, which had implemented policies to reduce carbon emissions and promote renewable energy sources.
Trump's order directed the US Attorney General to identify and take action against state laws addressing climate change, environmental initiatives, and carbon emissions. The president justified his decision by stating that these state laws were "'fundamentally irreconcilable' with his administration's objective to ''unleash American energy.'"
This move by the Trump administration was not an isolated incident but part of a broader pattern of regulatory changes and deregulatory ambitions during his second term in office. The administration had previously targeted federal climate regulations and, in this instance, sought to challenge state-level policies.
Several Supreme Court decisions have impacted the regulatory landscape during Trump's presidency. Here are some notable examples:
- Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024): This case overturned the Chevron doctrine, requiring agencies to repeal any regulation not consistent with the "single, best meaning" of the authorizing statute.
- West Virginia v. EPA, 597 U.S. 697 (2022): This landmark ruling applied the Major Questions Doctrine, holding that agencies cannot claim vast powers on important issues without clear statutory authority.
- Carson v. Makin, 596 U.S. 767 (2022): The Court ruled that excluding religious schools from Maine's school-voucher program violated the Free Exercise Clause, requiring equal treatment of religious and secular institutions in funding and access to public benefits.
- Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U.S. 14 (2020): The Court struck down New York's COVID-era occupancy restrictions on churches and synagogues, ensuring equal treatment for religious institutions during the pandemic.
- Sackett v. EPA, 598 U.S. 651 (2023): This case ended the EPA's 20-year attempt to enforce the Clean Water Act against landowners near water bodies, narrowing the interpretation of "waters of the United States."
- Ohio v. EPA, 603 U.S. 279 (2024): The Court struck down an EPA plan under the Clean Air Act, requiring agencies to consider costs and ensure defensible foundational assumptions for their regulations.
- Cedar Point Nursery v. Hassid, 594 U.S. 139 (2021): The Court held that forcing landowners to allow union organizers onto their property violated the Takings Clause.
- SEC v. Jarkesy, 603 U.S. 109 (2024): The Court ruled that agencies adjudicating common-law claims in their in-house courts violated the Seventh Amendment, impacting enforcement proceedings.
- Michigan v. EPA, 576 U.S. 743 (2015): This decision held that agencies must consider costs and benefits when promulgating regulations under the Administrative Procedure Act, ensuring that regulations are justified by public benefits.
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Climate change and energy policies
In his second term, President Trump has continued to pursue a deregulatory agenda, with a focus on energy security and the fossil fuel industry. Trump's energy policy involves rescinding regulations that he believes hinder the energy sector, with a particular emphasis on increasing domestic energy output and reducing costs.
Trump has claimed that the previous Biden administration's policies caused rising energy costs and inflation, and has argued for a return to aggressive drilling policies, stating that these could reduce energy costs by 50%. Trump's stance on energy and climate change has been characterised by a rejection of renewable energy sources and a commitment to fossil fuels, with a frequent theme of his speeches being "Drill, baby, drill".
In line with this, Trump has taken steps to block state-level climate change and energy policies, particularly those that seek to reduce the use of fossil fuels. In an executive order, Trump directed the Justice Department to block "burdensome and ideologically motivated 'climate change' or energy policies that threaten American energy dominance and our economic and national security". This order was aimed at laws in several states, including Michigan, Colorado, and Minnesota, which have mandated that all electricity be generated from renewable sources, and California, Washington State, and Northeastern states, which have implemented carbon pricing policies.
Trump's executive order has been criticised by state attorneys general, who have characterised it as "lawless" and an intrusion on local laws and state authority. Despite this, the American Petroleum Institute, an oil and gas trade group, has praised the order, which they see as holding states accountable for pursuing efforts that penalise oil and natural gas producers.
Trump's efforts to block state-level climate and energy policies represent a continuation of his administration's focus on deregulation, particularly in the environmental and climate domains. This has included attempts to roll back Obama-era climate regulations and a potential withdrawal from the Paris Agreement and the United Nations Framework Convention on Climate Change.
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State laws and federal intrusion
State laws in the United States are often subject to federal intrusion, with the federal government and Supreme Court decisions influencing and sometimes overriding state-level policies. This dynamic has been evident during the Trump administration, which has pursued significant regulatory changes and interventions that impact state laws.
One notable example is the Trump administration's approach to climate policies. Despite efforts by state leaders to address the impacts of global warming, President Trump signed an expansive executive order directing the Justice Department to block state-level "climate change or energy policies" that purportedly threaten American energy dominance, economic security, and national security. This federal intrusion into state laws aimed to dismantle policies in states like Michigan, Colorado, and Minnesota, which have legislated for carbon-free sources of electricity. It also targeted initiatives in California, Washington State, and Northeastern states that charge companies for carbon dioxide emissions.
The Trump administration has also directed agencies to review and repeal regulations that are inconsistent with specific Supreme Court interpretations. For instance, the Sackett v. EPA case resulted in agencies repealing regulations related to the Clean Water Act, impacting state-level land and water policies. Similarly, the Ohio v. EPA decision led to the repeal of regulations under the Clean Air Act, affecting how states manage air quality and related costs.
Additionally, the administration's focus on religious institutions' equal treatment has influenced state laws. Following the Carson v. Makin decision, states must ensure that religious schools are not excluded from participating in state programs, such as school voucher programs, on the same basis as secular institutions. This federal intrusion into state education and funding policies has prompted states to review their regulations to ensure compliance with the Free Exercise Clause.
State laws are also influenced by federal privacy and data protection laws. While states have their own privacy laws and constitutions that protect individuals' right to privacy, federal laws, such as the Children's Online Privacy Protection Act (COPPA), set restrictions on data collection and sharing, impacting how states manage personal information. Furthermore, federal computer intrusion laws, such as those related to access device fraud and computer hacking, supersede state laws and carry significant penalties, highlighting the complex interplay between state and federal legal frameworks.
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Agency regulations
One notable area of agency regulation under Trump has been the environment and climate change. The administration has sought to dismantle federal climate regulations and block state-level efforts to address climate change and promote clean energy. This has included targeting laws in states like Michigan, Colorado, and Minnesota, which have mandated carbon-free sources of electricity. The White House has also taken aim at policies in California, Washington, and Northeastern states that charge companies for carbon emissions. President Trump issued an executive order directing the Justice Department to block these laws, arguing that they threaten American energy dominance and national security.
The Trump administration has also directed agencies to review and repeal regulations that are inconsistent with recent Supreme Court decisions. For example, following the Supreme Court's ruling in Loper Bright Enterprises v. Raimondo, agencies were instructed to repeal any regulation not in line with the "single, best meaning" of the authorizing statute. Another case, West Virginia v. EPA, applied the Major Questions Doctrine, limiting agency power to issues clearly authorized by statutory text.
Agencies have also been instructed to review their regulations to ensure equal treatment of religious institutions and secular institutions regarding funding and access to public benefits. This followed the Supreme Court decision in Carson v. Makin, which found that excluding religious schools from a school voucher program violated the Free Exercise Clause.
The Trump administration's approach to agency regulations has been characterized by a desire to reduce federal regulatory power and push back against policies seen as hindering American energy dominance and economic growth. This has often put the administration at odds with state-level leaders and attorneys general, who defend their authority to govern as they see fit and protect their citizens.
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Frequently asked questions
It depends on the jurisdiction and the specific circumstances. Generally, federal law supersedes state law, but there may be exceptions depending on the specific situation.
A store's return policy may override state law if the store's policy is more favourable to the customer.
No, only federal law can legislate tariffs.
No, this would be a matter of federal law. However, a US president has tried to block state laws on climate change in the past.
Possibly. Religious freedom is a complex issue that often involves federal, state, and local laws. A store's policy on religious freedom may align with or override certain state laws, depending on the specific circumstances.
