Folks, hold onto your hats because today, February 20, 2025, is a red-letter day for freedom-loving Americans everywhere! President Donald J. Trump has just dropped a bombshell of an Executive Order titled Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Regulatory Initiative—and it’s nothing short of a masterstroke. Published on the White House website last night (February 19, 2025, at 22:26 EST), this move is a full-throttle charge toward dismantling the bloated, overreaching administrative state that’s been choking the life out of our economy and personal liberties for far too long. Here at Watts Up With That, we’re all about cutting through the noise and getting to the meat of what matters—and this EO is a sizzling steak of good news for anyone who values limited government, constitutional principles, and a legal landscape primed for real reform.
The core mission here is crystal clear: refocus the federal government’s enforcement powers on regulations that are actually authorized by law—meaning those pesky, made-up rules conjured by unelected bureaucrats are about to get the axe. The order directs agency heads, working hand-in-hand with their Department of Government Efficiency (DOGE) Team Leads and the Office of Management and Budget (OMB), to scour every regulation under their purview. If it doesn’t pass the smell test of constitutional legitimacy or align with the Trump Administration’s pro-freedom, pro-growth agenda, it’s toast. This isn’t just a tweak—it’s a top-to-bottom housecleaning of the regulatory swamp, and it’s long overdue.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. It is the policy of my Administration to focus the executive branch’s limited enforcement resources on regulations squarely authorized by constitutional Federal statutes, and to commence the deconstruction of the overbearing and burdensome administrative state. Ending Federal overreach and restoring the constitutional separation of powers is a priority of my Administration.
https://www.whitehouse.gov/presidential-actions/2025/02/ensuring-lawful-governance-and-implementing-the-presidents-department-of-government-efficiency-regulatory-initiative/
What’s got me especially pumped is the sheer audacity of the intent: “commence the deconstruction of the overbearing and burdensome administrative state.” That’s not just a policy goal; it’s a battle cry! For years, we’ve watched federal agencies balloon into mini-fiefdoms, issuing edicts that strangle small businesses, jack up costs for families, and push dubious climate agendas with zero accountability. Now, with DOGE unleashed (and yes, I’m loving the acronym nod to a certain meme coin—it’s peak Trump energy), we’re seeing a real push to restore the constitutional separation of powers. Congress makes the laws, not some desk jockey in a cubicle with a rubber stamp. Hallelujah!
Sec. 2. Rescinding Unlawful Regulations and Regulations That Undermine the National Interest. (a) Agency heads shall, in coordination with their DOGE Team Leads and the Director of the Office of Management and Budget, initiate a process to review all regulations subject to their sole or joint jurisdiction for consistency with law and Administration policy. Within 60 days of the date of this order, agency heads shall, in consultation with the Attorney General as appropriate, identify the following classes of regulations:
(i) unconstitutional regulations and regulations that raise serious constitutional difficulties, such as exceeding the scope of the power vested in the Federal Government by the Constitution;
(ii) regulations that are based on unlawful delegations of legislative power;
(iii) regulations that are based on anything other than the best reading of the underlying statutory authority or prohibition;
(iv) regulations that implicate matters of social, political, or economic significance that are not authorized by clear statutory authority;
(v) regulations that impose significant costs upon private parties that are not outweighed by public benefits;
(vi) regulations that harm the national interest by significantly and unjustifiably impeding technological innovation, infrastructure development, disaster response, inflation reduction, research and development, economic development, energy production, land use, and foreign policy objectives; and
(vii) regulations that impose undue burdens on small business and impede private enterprise and entrepreneurship.
(b) In conducting the review required by subsection (a) of this section, agencies shall prioritize review of those rules that satisfy the definition of “significant regulatory action” in Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), as amended.
(c) Within 60 days of the date of this order, agency heads shall provide to the Administrator of the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget a list of all regulations identified by class as listed in subsection (a) of this section.
(d) The Administrator of OIRA shall consult with agency heads to develop a Unified Regulatory Agenda that seeks to rescind or modify these regulations, as appropriate.
And here’s where it gets even juicier: the legal muscle behind this move. The EO lands hot on the heels of seismic shifts in administrative law, thanks to the Supreme Court’s 2024 Loper Bright Enterprises v. Raimondo decision. For decades, the Chevron doctrine—born in 1984—gave agencies a free pass to interpret ambiguous laws however they pleased, with courts bowing to their “expertise.” Loper Bright flipped that script, axing Chevron deference and putting judges back in the driver’s seat to interpret statutes without kowtowing to agency spin. As the Americans for Prosperity Foundation noted, this EO is Trump’s opening salvo to leverage that ruling, directing agencies to rethink rules that might not hold up under stricter judicial scrutiny. It’s a one-two punch: the Court cleared the path, and now Trump’s swinging the deregulatory sledgehammer.
Loper Bright famously overturned the Chevron Doctrine, which had previously directed courts to defer to agency interpretations of ambiguous laws, even if that interpretation was not the best reading of the law. The administrative state was built on the back of these questionable legal interpretations, and Loper Bright opens the door for the public, agencies, and courts to restore the scope of agency authority to its proper statutory limits.
https://americansforprosperityfoundation.org/loper-bright/trump-administration-begins-deregulatory-review-with-eo-on-lawful-governance/
The details are just as thrilling. Agency heads are tasked with reviewing all regulations—joint or solo—for “consistency with law and Administration policy.” That means no more sneaky “guidance documents” or backroom rule-making that dodges public scrutiny. The Loper Bright effect amplifies this: without Chevron to shield them, agencies can’t bank on courts rubber-stamping their overreach. Every rule now faces a tougher test—does it square with the plain text of the law Congress wrote? If not, it’s fair game for the chopping block. The EO even defines “enforcement action” broadly, covering any move that affects your rights or property, so agencies can’t wiggle out by slapping a different label on their power grabs. This is precision-engineered to stop the nonsense cold, with a legal backbone that’s freshly forged in the post-Chevron era.
Now, let’s talk impact. For those of us who’ve been banging the drum on climate realism—like the good folks reading Watts Up With That—this could be a game-changer. How many times have we seen the EPA or other agencies twist science into knots to justify job-killing regs based on shaky climate models? With this EO, those rules are under the microscope. If they’re not grounded in solid statutory authority or they clash with Trump’s America-First priorities, they’re history. Imagine a world where energy policy gets unshackled from green dogma and we can drill, mine, and build again without jumping through endless hoops. The Loper Bright shift only turbocharges this—courts won’t just nod along to agency excuses anymore. That’s the vision here, and it’s electrifying.
And here’s another layer of brilliance in this EO: it’s not just about slashing unlawful rules—it’s about making sure every regulation that sticks around actually pencils out. The order mandates that agency heads, in coordination with DOGE Team Leads and the OMB, conduct a rigorous cost-benefit analysis for regulations under review. No more vague hand-waving or feel-good justifications—every rule has to prove its worth, dollar for dollar, against the burden it imposes on businesses, families, and the economy. This is a direct shot at the kind of pie-in-the-sky climate regs we’ve railed against here at Watts Up With That, where costs soar into the billions while benefits remain speculative at best. With Loper Bright already tightening the legal screws, this cost-benefit hammer ensures that only rules with real, measurable merit survive the cut. It’s practical, it’s pro-growth, and it’s a win for taxpayers who’ve footed the bill for bureaucratic excess for too long.
Of course, the usual suspects will cry foul. The beltway crowd and eco-alarmists will wail about “deregulatory chaos” or some such gibberish. But let’s be real: the chaos has been the last few decades of unchecked bureaucratic sprawl. This EO isn’t about anarchy—it’s about accountability, supercharged by a legal framework that’s finally tilting back toward the Constitution. With Loper Bright in play, agencies can’t hide behind “reasonable interpretations” of vague laws—they’ve got to prove their rules hold water. And with Trump’s first-term track record—slashing regs at a historic pace—he’s got the chops to make this stick.
So, what’s next? The wheels are already turning. Agency heads are on the clock to get cracking, and the DOGE teams are ready to sniff out the waste and fraud, with Loper Bright as their legal tailwind. We’ll be keeping a hawk’s eye on how this plays out—because if Trump’s first term taught us anything, it’s that he delivers on deregulation like nobody else. Remember his 2-for-1 rule that ended up axing five regs for every new one? This is that on steroids, with a Supreme Court ruling that’s got his back.
To every patriot out there: raise a glass tonight. This Executive Order is a bold step toward reclaiming our government from the clutches of the deep state, putting power back where it belongs—with the people—and it’s got the legal heft of Loper Bright to make it stick. It’s a win for liberty, a win for prosperity, and—dare I say it—a win for common-sense science over ideological nonsense. Stay tuned to Watts Up With That as we track this revolution in real time. The DOGE is off the leash, and it’s about to shake things up big-time!
Check out the full text of the EO here: White House Presidential Actions
What Trump’s doing reminds me of Margaret Thatcher when she took over as PM in the UK. She took the wrecking ball to socialism and rescued the country
Anything an unelected far-left marxist/ socialist bureaucrat can legislate, the President can order to be removed.
This is Trump returning America to the rule of Congress and the Constitution.
Taking power away from those unelected bureaucrats that have done so much to harm the USA and its people..
Nothing he has done is against Congress or the Constitution.
He is doing exactly what the American people elected him to do.
Those far left psycho-phants who listen to old Democrat scum , like Pelosi, Shifty etc etc and to MSNBC will obviously disagree with what Trump is doing, but are just making fools of themselves.
Richard Greene, I do not ordinarily waste time with your type here. I am making an exception for you today to offer a very explicit message. GET over IT. 47 won bigly. Elections have consequences. And most of us here approve of 47 newly promises kept, but NOT your whining about them.
On a separate note, having contributed here and elsewhere (Judith’s) many hundreds of times on many technically complex ‘climate science’ topics since 2011 (plus 1.5 ebooks since published everywhere—Kindle, IBooks, BKOB…), I find your newish contributions here seriously technically wanting. Up your game if you want to play here with me.
As just two older examples, use the WUWT search function to find Jason 3-fit for purpose? and ARGO-fit for purpose? Both of my oldish now technical posts were suggested by Charles Rotter several years ago. Each took months of serious research and lots of writing and rewriting before Charles took editorial control and made me do further revisions. You are just IMO tolerated by him in comments.
Amen.
Can we get anything done to end congressional abuse of the Interstate Commerce Clause? That’s the hole in the tent through which Congress has let in the whole camel caravan.
The agency I really want to see this screw tighten onto is the BATFE. For too long that agency has freely interpreted the firearms laws in the USA as “We can ban or redefine almost anything we want. Today it’s legal, tomorrow you’re a felon”.
congressional abuse of the Interstate Commerce Clause
I believe the broadness of that was “legitimized” by SCOTUS – I would have to dig to find exactly when. Probably will take a SCOTUS ruling to narrow it.
The agency I really want to see this screw tighten onto is the BATFE
I’m a little concerned about that one, given Trump’s past positions re: bump stocks in particular. If he addresses the “we can define it however we want” broadly across agencies, that will help.
ChatGPT to the rescue. The SCOTUS ruling that likely was the start to the whole interstate commerce clause debacle is “Heart of Atlanta Motel, Inc. v. United States (1964).”.
This was about enforcing the Civil Rights Act against a motel chain that discriminated against non-white people. They ran afoul of the Federal government in discriminating against ‘out of state travelers’. SCOTUS found that the Federal government could enforce the CRA under the interstate commerce clause.
Regardless of what anyone might think about discrimination, this ruling virtually granted the US Federal government unlimited power over private businesses in a state as its virtually impossible for a private business within a state to conduct business without performing some action with some individual from out of state, at least at some point in its history if it intends to stay a running business.
Potentially just as bad. SCOTUS also found that the Federal government can regulate someone’s creation of a ‘product’ purely for personal use provided there was an ‘interstate market’ for it, even one that is illegal. E.g. In one case ChatGPT gave me it was about someone growing marijuana in California for personal use.
Luckily in the latter case Justice Thomas dissented, writing “”If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything—and the Federal Government is no longer one of limited and enumerated powers.”
I say ‘luckily’ as the ruling was 6-3 in the government’s favor back in 2005. With the new court makeup that Trump provided under his first term there might actually be some hope that SCOTUS could severely restrict the use of the interstate commerce clause. Given they overturned Roe v Wade & the Chevron deference it would not be a stretch to see them start clamping down on the use of the interstate commerce clause.
Thank you for looking that up!
You’re welcome…though it was partially selfish…it would have bothered me to no end until I looked it up
Wow. We Europeans could do with something like that. Isn’t it ironic? Trumps detractors bleating that he would abolish the Constitution? Trump is putting the Constitution back centerstage, where it belongs.
Defend and uphold the Constitution.
Finally.
The area of regulatatory reform I’m watching most closely is the Nuclear Regulatory Commission. What kinds of changes will we be seeing as a consequence of this EO?
The NRC’s approach is highly focused on conventional light water reactors. In 2019, the Congress passed a law which directed the NRC to streamline its review and approval processes and to make the process more friendly to the advanced reactor concepts which are now in the development pipeline.
What the NRC did instead was to play a bureaucratic game of chicken by repackaging its legacy regulations into a different structure and format which were supposedly more friendly to the SMRs and to advanced designs such as the molten salt reactors.
The legacy NRC regulations are highly prescriptive as to how reactor technology is to be implemented. As are the newly repackaged regulations.
What this means is that every new reactor design which isn’t a conventional large light water design must have an exception granted on a case by case basis for every deviation from an NRC prescriptive requirement. Not a way to run a railroad …..
Regulation of the nuclear industry is not going away. But lots of regulatory heads on both sides of the equation, the regulators and the regulated, will be severely rattled in the coming year.
My thought as soon as Trump signed his EO on energy basically declaring a state of emergency that this could remove barriers for new building new nuclear plants. Between that and this new EO he should be able to streamline licensing.
You can talk. You can bicker.
You can talk, talk, talk, bicker, bicker, bicker.
But you gotta know the territory.
Aside from liking that scene in The Music Man, there is a very real point.
Constitutional checks and balances.
If Congress determines these Presidential actions are not aligned with the Constitution, they can advise him to stop or face Impeachment.
If Congress takes no such action, then the President is conferred the authority by a lack of act of Congress to cease and desist.
What Trump is doing is Constitutional based on my reading of the Founding Fathers works and communications and prior Supreme Court rulings. My interpretation. Mine. Agree or disagree. Perfect.
I may not disagree with what you say, but I shall defend to the death your right to say it.
Too bad those who seek to discredit, punish, or silence opposing view points do not believe in the values put forth by our Founding Fathers.
The “conferring of authority” upon inaction by Congress is not found anywhere in the US Constitution.
Also, AFAIK, no SCOTUS ruling provides such a process.
In some cases Congress can delegate power to the President, and in rare cases Congress can implicitly ratify an executive order through its inaction, but neither of these scenarios involves automatically conferring authority.
This is what democracy looks like!
YIKES!
Since the guillotine is not on offer, could we at least have some defenestrations of officious jobs-worths, whose actions under these regulations have been egregious? I am thinking of the dozen or more officials who forced the Sackett family through a 14 year ordeal, which ended up at Scotus TWICE.