On May 16, 2025, DOE took steps to rescind 47 regulations covering a wide range of issues, including administrative review of the import and export of natural gas, rules governing loans for minority business enterprises (MBEs), and energy conservation standards for various appliances.
Four of these rules significantly narrow civil rights guarantees for populations impacted by DOE-funded programs and activities. On July 14, DOE delayed the rules’ effective date by 60 days to give the agency time to consider the thousands of comments submitted in response. Though agencies typically publish comments received in response to rulemakings on regulations.gov, DOE has not yet made comments submitted in response to the direct final rules available. On Sep. 11, DOE again delayed the rules’ effective dates to take effect in Nov. or Dec. 2025.
This rule would amend DOE’s rules implementing Title VI of the Civil Rights Act, which prohibits discrimination on the basis of race, color, or national origin in federally-funded programs or activities. The rule would narrow the employment practices covered under the rule, and eliminate the agency’s longstanding prohibition on activities that cause discriminatory effects, also known as the disparate impact standard. If finalized, people or communities of color who are disproportionately harmed by DOE-funded activities or programs would have to be able to show the funding recipient intentionally discriminated against them.
After receiving thousands of substantive adverse comments, DOE delayed the rule’s effective date twice. It is now scheduled to go into effect Dec. 9, 2025.
After receiving substantive adverse comments, DOE delayed the rule’s effective date twice. It is now scheduled to go into effect Nov. 9, 2025.
After receiving substantive adverse comments, DOE delayed the rule’s effective date twice. It is now scheduled to go into effect Dec. 10, 2025.
The first three of these rules DOE issued as “direct final rules”, bypassing normal notice-and-comment procedures required under the Administrative Procedure Act. The fourth rule is a proposed rule, and will not take effect until DOE issues a final rule.