Trump “Day One” Executive Order Recap

What happened: President Donald Trump Jan. 20 issued a slew of Executive Orders (EO) intended to advance his immediate policy directives across the federal government.

One of President Trump’s EOs directed a pause in the distribution of funds to support new electric vehicle charging stations. However, it also unintentionally halted on Jan. 21 – for several hours – reimbursements to state departments of transportation for all federal-highway improvement projects. It remains unclear what aspect of the order’s wording caused the confusion, but payments resumed by late afternoon.  ARTBA was in contact with the Trump administration and Capitol Hill throughout the day to ensure policymakers understood the breadth and consequences of failing to restore timely reimbursements to states for completed work.

Among the other “Day 1” EOs issued by President Trump:

• Regulatory Freeze – Federal agencies may not propose or finalize any rule changes until they have been reviewed and approved by a Trump appointee or designee at that agency. For rule changes that have been published but are not yet in effect, agencies should consider postponing their effective date for 60 days to enable further review. These actions are similar to those of incoming administrations in the past.
• NEPA – President Trump is revoking a Carter-era EO which empowered the White House Council on Environmental Quality (CEQ) to issue regulations for implementing the National Environmental Policy Act (NEPA). The CEQ chair is to organize a work group tasked with expediting and simplifying the permitting process through more consistent and improved agency-level NEPA regulations.
• DEI Programs – The White House has ordered the dismantling of diversity, equity, and inclusion (DEI) initiatives, particularly relating to federal hiring, training and “environmental justice” efforts. While the Disadvantaged Business Enterprise (DBE) program remains part of federal law, these principles could affect the new administration’s approach to administering DBE requirements for federal-aid highway and transit projects, or defending the law against challenges in court.
• Rescission of Biden Executive Orders – President Trump explicitly revoked 78 Biden-era EOs, including Infrastructure Investment and Jobs Act implementation principles focused on union labor, disadvantaged communities, and climate change, among other priorities.
• DOGE – An EO formally establishes the “Department of Government Efficiency” (DOGE), a reform initiative led by Elon Musk, 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.

Finally, President Trump designated Judith Kaleta, a career lawyer at the U.S. Department of Transportation, as acting secretary. It is anticipated that former Rep. Sean Duffy (R-Wis.) will be confirmed by the U.S. Senate and take office as Secretary in the coming days.

Why it matters: EO’s lay out new administration policy and allow presidents to deliver a different direction in various government operations on Day 1.  However, many orders are often challenged in court if they are deemed to overstep existing law.

What’s next: ARTBA will continue working with the new administration to ensure promises made in the infrastructure law are met and the transition to a new government goes as smoothly as possible.