Issued 2019-04-10 by Donald J. Trump
AI-generated summary explaining what this action does, who it affects, and why it matters
This executive order aims to speed up the construction of energy infrastructure like pipelines, storage facilities, and processing plants needed to transport oil, natural gas, and coal. President Trump cited America's status as the world's largest crude oil producer and leading natural gas producer, arguing that without better infrastructure to move these resources to markets, energy costs will rise, job growth will be hampered, and American manufacturing and geopolitical advantages will decline.
The order directs federal agencies to promote more efficient permitting processes with clear timetables, avoid duplicative studies, and reduce regulatory uncertainties that the administration said make energy projects expensive and discourage investment. A key focus is Section 401 of the Clean Water Act, which gives states and tribes authority to review whether federally permitted projects meet water quality standards. The order states that current federal guidance on this provision is causing confusion and directs the EPA to review whether regulations should be changed.
This action primarily affects energy companies seeking to build infrastructure, states and tribes involved in water quality reviews, and ultimately consumers through potential impacts on energy prices and availability. The constitutional assessment notes that presidential authority in this area depends on whether the order directs agencies to implement existing laws within congressional intent or attempts to rewrite regulatory requirements beyond what statutes authorize—a question courts have sometimes had to resolve for environmental orders from both parties.
AI-generated summary for educational purposes
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13868 ("Executive Order 13868-Promoting Energy Infrastructure and Economic Growth") directs energy or environmental policy. The President's stated rationale: "that activities subject to Federal permitting requirements comply with established water quality requirements." Executive orders in this domain typically direct agencies like the EPA, Department of Energy, and Interior Department on how to implement existing environmental statutes — the Clean Air Act, Clean Water Act, Endangered Species Act, and energy-related laws.
The constitutional question depends on whether the order directs implementation within statutory bounds (acceptable) or attempts to rewrite regulatory schemes in ways Congress did not authorize (overreaching). Both Democratic and Republican administrations have used executive orders to shift environmental policy, and courts have struck down orders that exceed agency statutory authority or ignore required rulemaking procedures.
Administration of Donald J. Trump, 2019 Executive Order 13868—Promoting Energy Infrastructure and Economic Growth April 10, 2019 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1 . Purpose . The United States is blessed with plentiful energy resources, including abundant supplies of coal, oil, and natural gas. Producers in America have demonstrated a remarkable ability to harness innovation and to cost-effectively unlock new energy supplies, making our country a dominant energy force. In fact, last year the United States surpassed production records set nearly 5 decades ago and is in all likelihood now the largest producer of crude oil in the world. We are also the world's leading producer of natural gas, and we became a net exporter in 2017 for the first time since 1957. The United States will continue to be the undisputed global leader in crude oil and natural gas production for the foreseeable future. These robust energy supplies present the United States with tremendous economic opportunities. To fully realize this economic potential, however, the United States needs infrastructure capable of safely and efficiently transporting these plentiful resources to end users.