In the first half of 2025, there was a flurry of federal actions aimed at environmental deregulation. As of September 9, 2025, President Trump has signed 199 Executive Orders, including those to “reinvigorate” the coal industry, withdraw the United States from the Paris Agreement, and rescind the Council on Environmental Quality’s regulations implementing NEPA—the National Environmental Policy Act. In addition, the Environmental Protection Agency (EPA) has announced dozens of deregulatory actions to “unleash American energy.”
It’s no exaggeration to say that this flurry of deregulatory action is unprecedented.
However, not all these actions constitute federal regulation. In the wake of all this deregulatory talk and activity, it’s worth examining what exactly a federal regulation is (and what it is not) and how the public can fight back against environmental deregulation.
What is a federal regulation?
In short, a federal regulation is a rule issued by a federal government agency that has the force and effect of law. While there are different types of rules, this blog post focuses on what affects the rights of the public and are legally enforceable (assuming the agency has the authority to adopt them and that it follows the proper procedure for doing so).
How are federal regulations different than Executive Orders?
In comparison to federal regulations, an Executive Order is a written directive to the government (including agencies), signed by the President. These Executive Orders often direct federal agencies on how they should implement statutes or set priorities, but they cannot override federal laws and statutes. Additionally, unlike federal regulations, they are not subject to the notice-and-comment process and do not bind the public.
How do federal agencies make regulations?
The authority of agencies to adopt a regulation typically comes from a statute, which is passed by Congress. The process that the agency must follow is mandated by the Administrative Procedures Act, which requires agencies to hold a public comment period on a proposed rule before it becomes final; This process is referred to as “notice-and-comment rulemaking”—more on this further below.
How does a proposed rule become a federal regulation?
To start, agencies must publish proposed rules in the Federal Register. When they do, they also generally must allow the public to submit comments to the agency on this proposed rule. This public comment period usually lasts between 30 and 60 days (though the agency may use shorter or longer periods).
During this time, anybody can submit information or arguments to the agency, and the agency must consider these comments. After reviewing public comments, the agency will issue a final rule, which is published in the Federal Register and incorporated into the Code of Federal Regulations.
What impact does public comment have?
Critically, agencies must base final rules on the rulemaking record, which includes public comments. If they don’t—say, if the agency arbitrarily publishes a final rule in blatant disregard of public comments—then that rule could be subject to judicial review. This all means that the public has a vital role to play in the notice and comment rulemaking process. By commenting on a proposed rule, everyone can meaningfully influence or change federal regulations.
What actions is Save the Sound taking?
At Save the Sound, we’re using this process to fight back against efforts to weaken environmental regulations and to advocate for regulations that protect our environment. Read about our legal team’s work to protect the environment here.