Executive Action Express: Trump’s New Era of Rapid Policy Shifts

By Rich Juiliano and Beth McGinn
rjuliano@artba.org; bmcginn@artba.org

President Donald Trump has wasted no time implementing his policy agenda since taking office. Within 24 hours of his Jan. 20 swearing-in, he signed 26 Executive Orders (EOs).

Some have been typical of an incoming administration, such as freezing all new or pending regulations for review by a Trump appointee. Other actions represent stark—and in some cases explicit—changes in direction from the Biden administration. U.S. Secretary of Transportation Sean Duffy followed up Jan. 28 by issuing three of his own directives, hours after taking office. 

ARTBA has communicated with the new administration and reported these developments to our membership on a daily—and sometimes hourly—basis.

As a snapshot at the time this issue went to publication, here are key highlights so far:

Greenhouse Gas Mandate: The Federal Highway Administration (FHWA) is moving to rescind the Biden-era rule requiring states to incorporate greenhouse gas (GHG) measurements in project planning. ARTBA had flagged this as a priority for Secretary Duffy’s transition team, noting 22 states were successfully challenging the mandate in federal court, with ARTBA filing an amicus brief. 

NEPA: Trump revoked a Carter-era EO thatjjj empowered the White House Council on Environmental Quality (CEQ) to issue regulations for implementing the National Environmental Policy Act (NEPA). The CEQ chair is now tasked with organizing a work group to expedite and simplify the permitting process through more consistent and improved agency-level NEPA regulations.

DBE Program: U.S. Department of Transportation (DOT) officials have been directed to “identify and eliminate all Biden-era programs, policies, activities, rules, and orders that promote climate change activism, Diversity, Equity, and Inclusion (DEI) initiatives, racial equity, gender identity policies, environmental justice, and other partisan objectives.” It’s important to note that the Disadvantaged Business Enterprise (DBE) program remains part of federal law. However, these DEI-related principles will likely shape the new administration’s approach to litigation, challenging the program and perhaps leading to major changes.

Funding: Appropriate for winter weather, there’s been continued talk of funding “freezes,” followed by clarifications, legal challenges, and “thawing” in some cases. A Jan. 20 EO and Jan. 27 memo from the White House Office of Management & Budget appeared to pause disbursement for all federal-aid highway and transit dollars, among others. Upon further review, however, the bulk of these funds have continued to flow. Discretionary grants without signed agreements, and new grant announcements, appear to be on hold for now.

Secretary Duffy issued an order detailing U.S. DOT’s principles for “grantmaking, lending, policymaking and rulemaking,” prioritizing projects relating to a “proper Federal interest,” rather than “local political objectives.” Other preferred attributes will include strong co-funding brought by states and localities, limited duration of federal funding, user pay principles, compliance with Buy America and immigration enforcement, communities with higher marriage and birth rates, local opportunity zones and prohibition of mask and vaccine mandates.

EV Charging Stations: In an example of a Trump administration target, FHWA is holding all unobligated funding from the National Electric Vehicle Infrastructure (NEVI) formula program until the agency revises its guidance to reflect new policies.

DOGE: The Department of Government Efficiency (DOGE), a reform initiative led by Elon Musk, has been established as a temporary entity within the White House. It will focus on “modernizing Federal technology and software to maximize governmental efficiency and productivity,” with representatives dispatched to each agency, although it appears President Trump has given Musk a wider portfolio.

Secretary Duffy is building out his team of Trump appointees, including senior officials requiring Senate confirmation and others who will start work immediately. ARTBA will continue working to ensure federal transportation dollars are moving, while sharing details of our regulatory reform priorities with administration officials.

Two things are certain: You don’t want to miss any new developments from D.C. as they happen. And ARTBA’s advocacy team will be here to tell you about them.

Rich Juliano is ARTBA general counsel.

Beth McGinn is ARTBA vice president of communications.