Trump Administration Regulatory Litigation Tracker

Our Trump Administration Regulatory Litigation Tracker briefly summarizes litigation over major executive actions of the new administration that are relevant to business, with links to key source documents such as presidential executive orders, complaints, briefs and court decisions. The Tracker is updated weekly on Tuesdays, or more frequently if there are significant developments. For the latest Skadden analysis of the administration’s directives, see our Executive Briefing. 

Significant recent developments to February 28, 2025, include:

The summaries below are organized by the subject of the executive action. The topics here are linked to headings below.

Regulatory Policy | Trade Policy | Energy and the Environment | Diversity, Equity and Inclusion | Federal Funding | Department of Government Efficiency | Federal Agencies | Federal Officials 

Regulatory Policy

Executive Action: ‘10-1’ De-Regulation Order

Related Litigation

  • No pending cases at this time.

Executive Action: Regulatory Freeze

Related Litigation

  • No pending cases at this time.

Executive Action: Pausing Enforcement of the Foreign Corrupt Practices Act

Related Litigation

  • No pending cases at this time.

Executive Action: Review of Independent Agencies

Related Litigation

  • No pending cases at this time.
  • Potential litigation: “The order is the latest in a broad effort by Trump to gain more direct control over independent federal agencies, which some observers say is an aggressive if not illegal attempt to expand his power.” Trump Exec Order Expands Control Over Independent Agencies, Law360 (Feb. 18, 2025)

Trade Policy

Executive Action: Tariffs Against China, Mexico and Canada

Related Litigation

  • No pending cases at this time.

Executive Action: Tariffs on Steel and Aluminum

Related Litigation

  • No pending cases at this time.

Executive Action: Tariffs Against Imports From Countries Levying Digital Service Taxes on U.S. Technology Businesses

Related Litigation

  • No pending cases at this time.

Energy and the Environment

Executive Action: Executive Orders Related to Energy

Related Litigation

  • No pending cases at this time.

Executive Action: Oil and Gas Development

Related Litigation

  • Northern Alaska Environmental Center v. Trump, No. 25-38 (D. Alaska)
    • Action seeking declaratory and injunctive relief to prevent injury from the Defendants’ promotion of gas and oil development and “unlawful attempt to undo permanent protections for certain areas of the U.S. Outer Continental Shelf in the Arctic Ocean, Pacific Ocean, Atlantic Ocean, and Gulf of Mexico”
    • Complaint filed Feb. 19, 2025

Diversity, Equity and Inclusion

Executive Action: Ending DEI Practices and Policies

Related Litigation

  • National Association of Diversity Officers in Higher Education v. Trump, No. 25-333 (D. Md.)
  • National Urban League v. Trump, No. 25-471 (D.D.C.)
    • Action brought to “challenge Executive Order No. 14151 ‘Ending Radical and Wasteful DEI Programs and Preferencing’ . . .; Executive Order No. 14168 ‘Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government’ . . . ; Executive Order No. 14173 ‘Ending Illegal Discrimination and Restoring Merit-Based Opportunity’ . . .; and related agency actions, as ultra vires and in violation of the First and Fifth Amendments to the U.S. Constitution and the APA, and, accordingly, seek declaratory and injunctive relief.”
    • Complaint filed Feb. 19, 2025
    • Order entered Feb. 21, 2025, holding that the present case is not related enough to National Council of Nonprofits v. OMB, No. 25-239
      • Minute Order entered on Feb. 19, 2025, requiring Plaintiffs to show cause as to why this case is related to National Council of Nonprofits v. OMB, No. 25-239; Response to Order to Show Cause filed Feb. 20, 2025
  • Chicago Women In Trades v. Trump, No. 25-2005 (N. D. Ill.)
    • Action for injunctive and declaratory relief, challenging the constitutionality of Trump’s DEI executive orders under the First Amendment, Fifth Amendment, Spending Clause, and separation-of-powers doctrine
    • Complaint filed Feb. 26, 2025

Federal Funding

Executive Action: Federal-Assistance Freeze

Related Litigation

Department of Government Efficiency

Executive Action: Establishing ‘Department of Government Efficiency’

Related Litigation

  • Center for Biological Diversity v. OMB, No. 25-165 (D.D.C.)
    • Action to compel OMB to disclose records under FOIA, including records related to “certain presidential transition documents that concern OMB’s key functions and duties, which affect air and water quality; climate change, imperiled plants and wildlife; public lands; and environmental justice issues” and the establishment of the “Department of Government Efficiency” (“DOGE”)
    • Complaint filed Jan. 20, 2025; Amended Complaint filed Feb. 27, 2025.
  • American Oversight v. U.S. Department of Government Efficiency, No. 25-409 (D.D.C.) o Action “seeking declaratory and injunctive relief to compel compliance with the requirements of FOIA in connection with FOIA requests for communications involving Elon Musk and his key staff.”
  • State of New Mexico v. Musk, No. 25-429 (D.D.C)
  • Public Citizen v. Trump, No. 25-164 (D.D.C.)
  • Citizens for Responsibility and Ethics in Washington (CREW) v. DOGE, No. 25-511 (D.D.C.)
    • Action seeking injunctive and declaratory relief to require the Defendants to promptly comply with FOIA requests, comply with FRA preservation requirements and initiate enforcement action to recover destroyed or lost records
    • Complaint filed Feb. 20, 2025
    • Motion for PI & Supporting Memorandum filed Feb. 20, 2025; Opposition filed Feb. 27, 2025
    • Minute Order entered Feb. 22, 2025 setting Hearing for Mar. 7, 2025
  • Project on Government Oversight, Inc., v. Trump, No. 25-527 (D.D.C.)
    • “Action for declaratory, injunctive, and mandamus relief ..., challenging as contrary to law Defendants’ recordkeeping policies and practices that treat federal agency records of Defendants U.S. Department of Government Efficiency (DOGE) and U.S. DOGE Service Temporary Organization (USDS) as presidential records under the PRA and beyond the scope of the Freedom of Information Act”
    • Complaint filed Feb. 21, 2025

Executive Action: DOGE Access to Federal Payment System

Related Litigation

  • Alliance for Retired Americans v. Bessent, No. 25-313 (D.D.C.)
    • Action against Secretary of Treasury “for declaratory and injunctive relief to halt Defendants’ unlawful ongoing, systematic, and continuous disclosure of personal and financial information contained in Defendants’ records to Elon Musk and other members of the so-called ‘Department of Government Efficiency’ (DOGE), or to any other person”
    • Complaint filed Feb. 3, 2025
    • TRO filed Feb. 5, 2025; Memorandum of Support
    • Order entered on Feb. 6 converting motion for TRO to a motion for PI and approving a consent order that “Defendants will not provide access to any payment record or payment system of records maintained by or within the Bureau of the Fiscal Service, except that the Defendants may provide access to any of the following people: [Special Government Employees Tom Krause and now resigned Marko Elez, employees of the Dept. of the Treasury, or any other person normally entitled to access under U.S. Law and IRC].”
    • Minute Entry setting hearing on Motion for PI for Feb. 24, 2025
    • Order entered on Feb. 11, 2025, granting Motion to File Leave to Supplement Record filed Feb. 11, 2025; Memorandum ISO Motion
    • Opposition to Motion for PI filed Feb. 12, 2025; Reply filed Feb. 18, 2025
    • Minute Entry entered on Feb. 24, 2025, taking the Motion for PI under advisement after the Feb. 24 Motion Hearing
    • Minute Order entered on Feb. 25, 2025, stating that the court does have subject-matter jurisdiction and ordering the Defendants to produce their administrative record so the court may properly rendered its decision on the Motion for PI
  • State of New York v. Donald J. Trump, No. 25-1144 (S.D.N.Y.)
    • Lawsuit brought by a 19-state coalition, led by the New York Attorney General, seeking a request for an injunction blocking DOGE service temporary organization from having access to Department of Treasury payment systems.
    • Complaint filed Feb. 7, 2025
    • Memorandum ISO Motion for TRO filed Feb. 7, 2025
    • Order entered on Feb. 8, 2025, restraining the Trump administration from giving “political appointees” and “special government employees” access to Treasury payment records and systems, and says any previously obtained material must be “immediately” destroyed. The order also sets a hearing on Feb. 14, 2025, for defendant to show “why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure preliminarily enjoining the defendants during the pendency of this action[.]”
    • Order entered on Feb. 11, 2025, granting in part and denying in part the Emergency Motion to Vacate, clarifying the scope of the TRO
    • Opposition to Motion for PI filed on Feb. 11, 2025; Reply filed Feb. 13, 2025
    • Joint Letter filed on Feb. 14, 2025, explaining the parties’ positions in advance of the Feb. 14, 2025 motion for PI hearing
    • Opinion and Order entered Feb. 21, 2025, granting the Motion for PI, stating that Defendants “are restrained from granting access to any Treasury Department payment record, payment systems, or any other data systems maintained by the Treasury Department containing personally identifiable information and/or confidential financial information of payees to any employee, officer or contractor employed or affiliated with [DOGE,]” and ordering Defendants to submit a report to show that they are redressing APA violations to aid Court in deciding whether a preliminary injunction is still needed

Executive Action: DOGE Access to Department of Labor Systems

Related Litigation

  • American Federation of Labor and Congress of Industrial Organizations v. Department of Labor, No. 25-339 (D.D.C.)
    • Action for declaratory and injunctive relief, stating that DOGE’s attempts to direct the DOL and obtain access its information systems are without authority of law, unlawful under the APA, in violation of Confidential Information Protection and Statistical Efficiency Act, in violation of the Privacy Act, rulemaking without proper procedure, and arbitrary, capricious, and an abuse of discretion.
    • Complaint filed on Feb. 5, 2025
    • Memorandum ISO TRO filed on Feb. 5, 2025; Opposition filed Feb. 6, 2025; Reply filed Feb. 7, 2025
    • Order denying TRO entered on Feb. 7, 2025 (declining to block DOGE from accessing U.S. DoL data, saying that while the court “harbors concerns” about privacy risks, the suing labor unions haven’t established standing)
    • Amended Complaint filed Feb. 11, 2025 (expanding allegations to include DOGE’s unlawful access to the Department of Health and Consumer Financial Protection Bureau’s data)
    • Opinion and Order filed Feb. 14, 2025, denying Renewed Motion for TRO and directing parties to propose a PI briefing schedule

Executive Action: DOGE Access to Sensitive Personal and Financial Information

Related Litigation

Executive Action: DOGE Access to IRS Data

Related Litigation

Executive Action: DOGE Access to Social Security Administration Data

Related Litigation

Federal Officials

Executive Action: Termination of Agency Positions

Related Litigation

Federal Agencies

Executive Action: Dismantling of the Consumer Financial Protection Bureau

Related Litigation

Trump Executive Actions Advisory Group

If you have questions, please contact a member of our cross-practice team, which was created to help clients potentially affected by the administration's executive actions understand and implement the best ways to prepare for and respond to the evolving regulatory and legal landscape.They are listed here by subject area, along with a description of the group.

Related Capabilities

Antitrust/Competition // Artificial Intelligence // Consumer Financial Services // Cybersecurity and Data Privacy // Energy and Infrastructure Projects // Environmental // Financial Institutions Regulatory // Intellectual Property and Technology // Intellectual Property Litigation // International Litigation and Arbitration // International Trade // Labor and Employment Law // Life Sciences and Health Care // Litigation // National Security // SEC Reporting and Compliance // Securities and Commodities Enforcement // Supreme Court and Appellate Litigation // Tax // Web3 and Digital Assets // White Collar Defense and Investigations // Workplace Culture and Civil Rights/Racial Equity Audits

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