Regulatory Hypothermia: The Trump Administration’s Federal Freeze

Author: Sonya Doubledee

Editor: Natalia Freeze

While this memorandum alone may not be the government’s final straw, the atmosphere of stagnation only adds to the confusion, as Trump releases a litany of executive orders. 

Governmental institutions are preparing to go into hibernation under the Trump Administration’s “Regulatory Freeze Pending Review.” Law firms are fervently releasing briefs tackling what this means for environmental protections and businesses alike.

Are environmental protections still in effect? Are pending rules Dead-On-Arrival? Most importantly, where does this leave institutional credibility? 

What’s a Memorandum?

Unlike executive orders, a memorandum is a directive which applies to most (if not all) federal agencies. Unsurprisingly, this is not the first time in history such a  memorandum has been implemented. Obama issued one upon taking office in 2009, while Biden issued his in 2021. This current regulatory freeze is also not unique to Trump, who also invoked a memorandum in 2017 upon assuming office.

Importantly, the regulatory freeze is not permanent. The purpose of the freeze is to allow the administration to ‘take stock’ of the current agency landscape and review current rules in place. 

Why would Trump’s regulatory freeze be a ‘big deal’? 

Timing

While the memorandum itself is almost identical to previous administrations, its true significance lies in the timing and broader political context surrounding it.

In 2017, executive timing pointedly targeted the EPA’s new rules in the Federal Register, expected to be published on January 20th, 2017. Three days before its suspected release, the Trump memorandum stalled the register, creating a legal nightmare for well over a year. Thirty EPA rules were put on the backburner, leaving them in limbo as a result of the regulatory freeze. and ‘regulatory freeze’ resulted in those rules being halted in limbo. 

Thankfully, the direct results of the regulatory freeze on the EPA are less extreme than Trump’s previous administration. Agencies have prepared by implementing rules beforehand, including certain provisions of the IRA. The National Law Review highlights the EPA requirements for Waste Emissions Charge in the Clean Air Act’s Methane Emissions Reduction Program, which went into effect this January. 

However, despite these preparations , several pending rules are impacted by the regulatory freeze. 

How can the regulatory freeze affect already-published rules ? 

Winter is Here 

The memorandum has an expansive scope, affecting multiple categories of federal rulemaking:

1. New Rules. Agencies are barred from issuing or even proposing new rules, this includes sending any rule document to the Office of Federal Register (OFR). However, new rules can be proposed IF they are reviewed by a “department head or agency appointed by the president,” according to the National Law Review. 
2. Unpublished Rules. If a rule was already sent to OFR but not yet published, it is immediately withdrawn for review. 
3. Postponement of Published Rules. Rules that have been published, but have not gone into effect, have been postponed for 60 days after the memorandum (January 20th).

Apart from published documents, the definition of ‘rules’ itself opens the door for a wide-breadth of federal actions Under the Administrative Procedure Act, the regulatory freeze applies to “an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency.” Additionally, Executive Order 12866 defines rules as “any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking.” 

Rules, public statements, and guidance documents have been prohibited for the majority of federal agencies under the freeze. The result is rampant uncertainty, funding pauses, and a plethora of pesky red tape. Apart from the official memorandum, Trump has halted any public communication, impacting several health agency reports. 

Already, dozens of rules have been affected by the regulatory freeze, including: 

EPA: 

1. EPA’s Review of the Secondary National Ambient Air Quality Standards for Oxides of Nitrogen, Oxides of Sulfur, and Particulate Matter.
2. EPA’s Integrating e-Manifest With Hazardous Waste Exports and Other Manifest-Related Reports, PCB Manifest Amendments, and Technical Corrections.
3. EPA’s Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections.

Healthcare:

• 2026 Medicare Advantage and Part D Notice.
• Final 2026 Notice of Benefit and Payment Parameters. 

Food and Drug Administration:

• FDA’s order to revoke the use of Red No. 3 in food and ingested drugs.
• FDA’s proposed rule regarding Front-of-Package Nutrition Labeling.
• FDA’s final rule on the nutrient content claim “Healthy.”
• FDA’s draft guidance on the labeling of plant-based foods.
• USDA Food Safety and Inspection Service’s proposed rule and proposed determination regarding Salmonella as an adulterant at certain levels in raw poultry.

The Ice Age: A New Political Climate 

Beyond the memorandum itself, the Trump administration has other tools to ‘snow day’ the federal government. The EPA process for repeal and overhaul is significantly more complicated than a single executive order. The administration has to establish a hefty case for repeal, and complete a process of public comment and response.

Rather than outright repealing regulations, the administration can exploit legal challenges to delay enforcement and drain agency funds. 

Whether the administration wins or loses these court cases is irrelevant– the real impact lies in delays, which push back compliance deadlines and ultimately benefit industry. During Trump’s first presidency, this strategy managed to weaken or rollback over 125 environmental regulations. 

The Congressional Review Act also allows for legislative repeal, a tool Congress can use to overturn federal agency actions. Agencies are already preparing for the worst, as Republicans will most likely target certain rules, such as: 

1. EPA’s Waste Emission Charge Rule, which would charge companies for exceeding methane emission restrictions. 
2. Health and Human Services Supporting the Head Start Workforce and Consistent Quality Programming rule. This rule would raise salaries for teachers who work with Head Start. 
3. FDA’s Prohibition of Sale of Tobacco Products to Persons Younger Than 21 Years of Age rule, which raises the age to smoke to 21. 

While this memorandum alone may not be the government’s final straw, the atmosphere of stagnation only adds to the confusion, as Trump releases a litany of executive orders. 

Institutional Ice Age has begun.