By Brooke Collishaw
Student, Texas A&M University School of Law
James D. Bradbury, PLLC
In the few weeks since President Donald Trump took office on Jan. 20, a flurry of executive orders has been issued addressing all manner of subject matter and government regulation. While it may not yet be fully clear the full extent to which some of these orders may impact other industries, many could have impacts on agriculture and warrant a close watch in the days and months to come. Below are brief descriptions of several of the orders that could impact agriculture.
- Regulatory freeze pending review – Trump on Jan. 20 signed an executive order that puts a hold on new agency rules and guidance pending review and approval by the department or agency head appointed by Trump. This order effectively requires agencies to withdraw unpublished rules and postpone the effective date of rules that have been published but are not yet effective. Further, the order prevents agencies from proposing or issuing new rules until they have been reviewed by the new administration. One impact this order may have on agriculture can be seen in the interim rule published by U.S. Department of Agriculture (USDA) on Jan. 15 concerning climate-smart agriculture crops used as biofuel feedstocks. Because the rule has not been finalized, the order may impact whether or when the proposed rule may become final or be implemented.
- Immigration – Trump has issued at least 10 executive orders related to immigration. These orders cast a broad shadow across the entire immigration system in the U.S. and may significantly impact the number of immigrants living in the U.S. The USDA has indicated that a substantial portion of the agricultural labor force includes immigrants. As a result, these orders may have a serious impact on agricultural operations, from rising costs to disrupting production.
- Tariffs – Among the executive orders issued by the new administration, the prospect of tariffs on allies and adversaries alike sits high on the list. Trump has proposed tariffs on neighboring countries like Mexico and Canada and on China and European nations. The Trump administration views these tariffs as critical to protecting American farmers and producers while others worry that the tariffs could increase costs for farmers, particularly on fertilizers. USDA Secretary nominee Brooke Rollins has emphasized her intent to implement measures to mitigate negative impacts from the tariffs on the agricultural sector.
- Pause on federal spending – Among the first executive orders issued by Trump was an order to pause the disbursement of funds under the Inflation Reduction Act concerning climate spending to allow for review of the processes, policies and programs to ensure the funds are being used in a manner that aligns with the new administration and its energy goals. While it is unclear whether and to what extent these funds may be rescinded, the executive order remains in effect. At the same time, the Office of Management and Budget issued a memorandum pausing all grant spending across the federal government. The agency has since rescinded the memorandum after it generated significant confusion and criticism. Despite that action, many producers nationally are indicating that their payments from agencies like the USDA Natural Resources Conservation Service are being held up. This is causing great difficulty for many producers.
- Energy policy –Trump also has made energy policy an important priority of his administration. In this way, he issued an order declaring a national energy emergency to encourage an increase in energy production. The new administration is heavily favoring increasing fossil fuel production while reducing the focus on renewable energy sources. Energy and agriculture are two industries that depend heavily on one another, and changes to energy policy will undoubtedly be felt by agriculture.
These orders and the actions that follow will have significant impacts that will be felt nationwide and globally. The full extent of what those impacts may be or how they may impact agriculture – whether positively or negatively – remains to be seen but is certainly something to watch closely in the days that follow.
Note: Information current as of Feb. 17, 2025
