Traditionally, regardless of party lines, U.S. presidential administrations have maintained a strong commitment to transparency and accountability in federal agency regulations.
However, the Trump administration has moved away from these principles. President Trump has taken steps to reverse years of protections, often using shortcuts that limit citizens’ rights to grasp how their input influences federal decisions.
These regulatory processes were established shortly after World War II. The Management Procedures Act outlines the necessary steps for federal agencies when creating or updating regulations. Crucially, this process requires soliciting and responding to public comments, especially when regulations impact people’s rights under federal law.
The Trump administration appears to have discarded this well-established approach, providing minimal justification for retracting legal protections that are crucial for many Americans.
In a memorandum dated April 9, President Trump indicated plans to bypass the standard rule-making process, calling for the repeal of unlawful regulations.
The memorandum allows federal agencies to expedite procedures under the Management Procedures Act if there are “just reasons” for declaring the usual process “infeasible, unnecessary, or contrary to the public interest.”
There are instances, as noted by the U.S. Management Conference, where expedited processes like direct final rules are appropriate, particularly for non-controversial changes. The importance of public engagement is emphasized whenever there is a genuine “just reason” to adopt a quick approach.
Nonetheless, the Trump administration has misused this rapid process for changes that are anything but uncontroversial.
For instance, in May, the U.S. Department of Energy introduced four direct final rules concerning non-discrimination protections in federal assistance programs. These included updates on regulations related to general programs, new construction requirements, gender equity in education, and sex equity in sports.
This means that organizations receiving federal funding from the Department of Energy may no longer be required to offer interpretation and translation services, rectify accessibility issues in facilities, or refrain from discriminatory practices.
These direct final rules signify a broader rollback of civil rights protections established under Title VI and the Civil Rights Act of 1964, following a misleading directive titled Restore equality of opportunity and meritocracy.
The Department of Energy’s recent regulations around non-discrimination do not comply with the Management Procedure Act. A recent comment from over 40 law professors argues that the direct final rules process here is a clear violation of the Administrative Procedure Act, undermining the role of public input in governmental regulations.
This concern is echoed by around 30 civil rights, environmental justice, and related groups, which submitted a comment emphasizing that the administration’s actions undermine public participation rights and non-discrimination principles beneficial to all Americans.
The comments garnered on the Department of Energy’s direct final rules regarding non-discrimination are overwhelming: 19,421 comments concerning general non-discrimination, 20,711 comments on new construction requirements, 9,293 comments on gender-related educational issues, and 21,264 comments pertaining to sex-related sports regulations.
So, what’s the real danger of allowing the Trump administration’s Department of Energy and other agencies to circumvent established procedures? The consequences could affect us all, the American populace.
The Attorney General Manual highlights that the 1947 Management Procedures Act aims to ensure public access to information and to control federal agencies through transparent, judicially reviewable processes. These objectives remain as vital today as they were nearly eight decades ago.
As the nation reflects on the 250th anniversary of the American Revolution, it’s essential to hold fast to these foundational principles. The government, composed of the people, must remain accountable to those it serves. The Trump administration cannot diminish these ideals.
