Democrats’ capture of both chambers of Congress is expected to create new challenges for the Trump administration’s energy and environmental agenda. While federal agencies are likely to continue advancing deregulatory initiatives, congressional oversight, budget negotiations and investigations could become significant constraints on executive action.
“This administration has governed by executive power on things as sweeping as regulations of various sorts . . . environmental regulations, tariffs, you name it,” Bracewell’s Scott Segal said during a November 4 post-election briefing, as quoted by Inside EPA.
“You can now expect a Congress that at least will try to claw some of that back,” he added. “Executive power will officially be meeting with resistance at this point forward.”
EPA is nevertheless expected to continue pursuing its regulatory agenda, Bracewell’s Joe Brazauskas said during the webinar.
“There is a lot to do for [EPA]” in the next two years, he said, noting that the agency is likely to continue efforts to revise more than two dozen rules despite increased oversight.
Bracewell’s Megan Greer predicted that oversight efforts will extend beyond the committees traditionally associated with investigations, potentially involving appropriations, intelligence and other panels with subpoena authority.
While many inquiries are expected to focus on the Trump administration itself, Bracewell’s Tom Moyer said private-sector entities could also face scrutiny.
Goals could include obtaining private entities’ communications with the administration to determine where lawmakers should “drill down further” on oversight efforts, Moyer said.