Trump rolls back anti-coal regulations, but will they stand if Dems win the White House in 2028?

President Donald Trump signed a series of executive orders Monday aimed at retaining America’s dwindling coal industry and possibly reducing its decline. Coal production in the U.S. peaked in 2008, and by 2023, the nation’s coal mines produced half as much as they did in 2008. The coal industry welcomed Trump’s “Reinvigorating America’s beautiful clean coal industry” executive order. 

“People in the industry have been waiting a long time to see the kind of support they got from the president yesterday,” Emily Arthun, CEO of the American Coal Council, told Just the News. 

While the presidential support was good news for coal supporters after eight years of the Obama administration and four years of the Biden administration — both of which sought to reduce coal use in the U.S. — that support comes in the form of executive orders, which subsequent administrations could just as easily overturned. Experts say that to make this change lasting, more will need to be done. 

Coal pride

Among other things, the order directs federal agencies to lift barriers to coal mining and prioritize coal leasing on federal lands. It also requires agencies to remove policies that seek a transition away from coal production and the use of coal in electricity generation. 

A second order Trump signed aims to protect the supply of electricity and safeguards “all available power generation resources, particularly those secure, redundant fuel supplies that are capable of extended operations.” The order invokes expected increases in electricity demand as a result of the growth of AI and electrification. It allows some coal plants to operate under less stringent Environmental Protection Agency regulations for two years, instead of those the Biden administration enacted. 

Trump signed the orders at a press conference Monday surrounded by coal miners whose jobs may be more secure as a result of the president’s actions.

“For four long years, Joe Biden and congressional Democrats tried to abolish the American coal industry. They did everything in their power while he was awake, which wasn’t much,” Trump said. The shot at his predecessor solicited laughs from the miners. 

Arthun, who attended the event, said the president’s support for the industry meant a lot to the miners after years of administrations that demonized their work. 

“They should absolutely be proud of the job they do every day,” Arthun said. 

Wyoming produces over 40% of the nation’s coal, and the state’s economy is heavily dependent on its coal-mining industry. In 2008, the state mined over 466 million tons of coal. In 2023, that was down to 237 million tons. Travis Deti, executive director of the Wyoming Mining Association, told Just the News that they’re still looking through the executive orders, and he doesn't expect the state's coal production will return to the peak it was at in 2008. But he said the state's coal industry is optimistic that Trump's orders will give it a future. 

“Coal really is an asset that we need to use in this country, instead of trying to kill. And it really is good news that we're going to go in a different direction here in the next few years,” Deti said. 

Guarantee being written 

During Monday’s press conference, Trump addressed concerns that his executive orders were vulnerable to be overturned by future administrations. 

“We’re going to guarantee that we have a strong business for years to come, that your coal companies and your miners don’t get all excited about jobs, and then, should a radical left liberal become president, they end the business right away,” Trump said. 

He said that investments in power plants and other coal-related projects would be protected with a “guarantee that we’re writing on right now, structurally and from a legal standpoint.” 

Though he didn’t provide any more details on this guarantee, he signed a third order, “Protecting American Energy From State Overreach.” The order directs Attorney General Pam Bondi to identify and take action against state laws and policies negatively impacting domestic energy resources that the Department of Justice determines to be unconstitutional, preempted by federal law, or otherwise unenforceable. It prioritizes action against policies to address climate change. 

The order specifically calls out New York’s and Vermont’s "superfund" laws, which seek to fine oil companies for past emissions, even though the activities were legal, claiming the companies have cost the state money by increasing extreme weather events. 

Hundreds of Democratic mayors, as well as dozens of governors of blue states, have vowed to defy Trump’s energy policies and continue to pursue the Biden-era climate agenda, even though polls show the issue isn't important to most voters. 

Energy policies in these states impact the electricity supply in neighboring states, and the order pushes back on these states' climate plans. Supporters of anti-fossil fuel policies claim the president is trying to stop state and local laws from protecting the environment. 

“Trump’s plan would eliminate local jobs, decimate the environment, and have devastating impacts on public health. We can’t let that happen. We will continue to fight for the wellbeing of all Americans and for clean air and water at all levels of government,” John Walsh, executive director of the BlueGreen Alliance, said in a statement. 

One giant rulemaking

Steve Milloy, senior legal fellow with the Energy and Environmental Legal Institute and publisher of “JunkScience.com,” told Just the News that the order slows down a destructive conspiracy among well-funded anti-fossil fuel activists to advance their climate agenda through the courts under a dark money campaign that has gone on for years. This has undermined American energy, Milloy said. 

“All these climate lawsuits are all cookie-cutter lawsuits done by these same attorneys funded by billionaires, and [former New York Mayor Michael] Bloomberg is not the only one. And it's just this giant conspiracy. Who better than the Department of Justice to investigate it and expose it?” Milloy said. 

Milloy said that coal is at the heart of the MAGA (Make America Great Again) agenda, and Trump is all for coal. However, to achieve a guarantee that these orders won’t get overturned, federal agencies need to make Trump’s vision a reality. He said Environmental Protection Agency Administrator Lee Zeldin announcing an intention to take 31 actions targeting the Biden admin’s “Green New Scam” was a good start, but only a start. 

“They need to go through the litigation. They need to make this stuff permanent. If they don’t, it’s all going to get rolled back as soon as Democrats take over again,” Milloy said. 

Milloy proposed that Zeldin should publish “one giant rulemaking” to undo all the anti-coal rules that have been built out through the Obama and Biden administrations. That would include the “good neighbor” rule, the “soot” regulations, the endangerment finding. Such rulemaking, Milloy explained, would explain the “junk science” and regulatory overreach behind the Biden administration’s rules. “If Democrats do win in 2028, they would have to do it all over,” Milloy said. 

Trump’s remarks on a “guarantee” suggest that he’s thinking about how to make his “unleashing American energy” agenda more permanent and not resting solely on his executive orders. It remains to be seen whether he’ll solidify this legacy and provide some insurance should the White House flip blue in four years.