The Selective Shutdown: Governance by Loophole
Summary
In October 2025, amidst a government shutdown that furloughed 700,000 employees, the Trump administration selectively exempted workers critical to the fossil fuel industry. Citing a “national energy emergency,” the Department of the Interior and the EPA continued to process drilling permits, approve mine expansions (e.g., Lisbon Valley Copper Mine), and finalize regulations increasing mercury emissions. Simultaneously, the Bureau of Ocean Energy Management explicitly “ceased all renewable energy activities,” stalling wind and solar projects.
Capture Mechanism: Administrative Gerrymandering
This case demonstrates how the “deep state” is not dismantled but repurposed.
- The Pretext: The administration invoked a January “national energy emergency” declaration to classify fossil fuel permitting as “essential work,” despite record domestic oil production.
- The Double Standard: While fossil fuel staff worked using “carry-over funds,” renewable energy staff were furloughed, deliberately creating a regulatory bottleneck for clean energy competitors.
- The Payoff: Environmental advocates noted that the oil and gas industry spent nearly $75 million to elect the President, suggesting the selective shutdown was a form of patronage—keeping the government “open” only for donors.
Analysis
The shutdown was weaponized as a tool of industrial policy. By keeping the “brown” government open while shutting the “green” government down, the administration used administrative procedure to pick winners and losers, accelerating the extraction of public resources while paralyzing the transition to alternatives.
Related Cases
- Regulatory Demolition: The Death of Energy Star (2025): Another example of prioritizing fossil fuel consumption over efficiency.
- The Great Data Blackout (2025): How the shutdown was simultaneously used to hide economic data.