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:
1. Rescinding Regulations Related to Nondiscrimination in Federally Assisted Programs or Activities (General Provisions) (comments due June 16, 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.
2. Rescinding Regulations Related to Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance (comments due June 16, 2025)
3. Rescinding New Construction Requirements Related to Nondiscrimination in Federally Assisted Programs or Activities (comments due June 16, 2025)
4. Rescinding Regulations Related to Nondiscrimination in Federally Assisted Programs or Activities (Nondiscrimination on the Basis of Age) (comments due July 15, 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. DOE will finalize the rules within sixty days unless they receive “significant adverse comments” on the direct final rules. “Significant adverse comments” are those that explain why the rule is inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change.