About That Executive Order…it does NOT remove ban on Incandescent Bulb
On 21 January, we published an article about the new administration’s Executive Order aimed at protecting Americans’ freedom to choose from a variety of goods, including lightbulbs. However, after deeper research, it turns out this issue is more complex than I (and perhaps the President) originally thought.
Clarifying the Scope of the Executive Order
Since publishing the article, I’ve consulted several experts, including representatives from NEMA (National Electrical Manufacturers Association) and it appears the Executive Order will not overturn the regulations affecting incandescent bulbs.
The EdisonReport’s original article quoted the Executive Order as follows:
“By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
(f) To safeguard the American people’s freedom to choose from a variety of goods and appliances, including but not limited to lightbulbs, dishwashers, washing machines, gas stoves, water heaters, toilets, and shower heads, and to promote market competition and innovation within the manufacturing and appliance industries…”
While this language sounds definitive, experts have clarified that Executive Orders often function more like Executive Opinions, Executive Policies, or Executive Guidelines. They must operate within the limits of federal law, which means this Executive Order cannot repeal existing Department of Energy (DOE) regulations.
Congress and the CRA: Another Roadblock
Some have suggested Congress could intervene using the Congressional Review Act (CRA). However, the CRA only applies to rules finalized within a specific timeframe. In this case, the current Congress can only review rules enacted after 1 August 2024. The most recent General Service Lamp Energy Conservation Standard was published on 19 April 2024—well before the CRA’s cutoff. Even if Congress wanted to act, this regulation falls outside the CRA’s jurisdiction.
Insights from NEMA
During my conversation with NEMA, Spencer Pederson, Senior Vice President of Public Affairs, provided this statement:
“NEMA’s lighting members lead the development of industry standards, foster technology innovation, and set the bar for lighting system performance, quality, safety, and sustainability. NEMA worked with DOE in 2023 on regulations to set energy efficiency standards for incandescent lamps, and we continue to support implementation of the regulations. We’ve been tracking the Executive Orders issued this week by President Trump. While Executive Orders carry the weight of law, they must be tailored within the confines of existing federal law. We look forward to continuing to work with industry, our members, and the Administration to comply with existing regulations and advance the next generation of lighting technologies.”
The Reality of Change
As I now understand, the President’s passion and rhetoric cannot change these regulations. In this case, the bully pulpit won’t work. Congress also has no viable path to repeal them using a CRA. Additionally, during the President’s recent 27 JAN, address in Doral, Florida, there was no mention of the incandescent bulb issue, despite a list of accomplishments and future plans.
To be fair, I must commend inside.lighting as they accurately reported this story from the beginning.
For now, the regulations governing incandescent bulbs remain firmly in place.
Developing…
Go Deeper: With DOGE, is it time to Un-Ban the Incandescent Bulb?