Zero-Based Regulating
Key claim: The Department of Energy is inserting conditional sunset provisions into certain regulations pursuant to EO 14270, causing those rules to expire and be removed from the CFR unless affirmatively extended by DOE within a rolling five-year window.
Abstract
(Rule · Energy Department) This direct final rule inserts sunset provisions into certain regulations, consistent with Executive order (E.O.), Zero-Based Regulatory Budgeting to Unleash American Energy (April 9, 2025), and agency policy. Each sunset provision will establish a conditional sunset date for covered regulations, as defined by E.O 14270. If DOE does not extend a particular regulation before its conditional sunset date, that regulation will expire, cease to be enforceable and will be removed from the Code of Federal Regulations. The conditional sunset date may be extended by DOE as many times as appropriate, but never to a date more than five years in the future.
Why this matters
Embedding conditional sunset provisions directly into CFR text shifts the regulatory default from ‘in force until repealed’ to ‘expires unless renewed,’ materially changing the baseline for DOE rules touching efficiency standards, grid equipment, nuclear technology transfers, and civil rights compliance. If replicated across agencies, this mechanism could reshape long-term regulatory certainty for utilities, manufacturers, and permittees, since affected rules would require affirmative agency action every five years to remain enforceable.