In May 2025, the Department of Energy quietly proposed removing accessibility requirements under Section 504 of the Rehabilitation Act. This will change construction projects that are federally funded, significantly reducing accessibility compliance requirements, and eviscerate disability rights laws. Here’s what the DOE’s move means, why it’s happening, and how it could affect millions of Americans.
A Quiet Rule Change with Big Consequences for Disability Rights
When reading about current events, we often search for explanations that make sense. Why is this happening? How does it fit into the bigger picture? Sometimes, though, every explanation feels strange, even absurd. Still, the only explanation I can offer here is absurd, yet it seems to be the only one that fits.
On May 15, the Department of Energy submitted a new rule to the Federal Register. Claiming it would be uncontroversial, they used the direct final rule process, which shortens the normal public comment period from 60-90 days to 30-75 days. There was no press release or formal announcement. Disability rights advocates only found out because they were scanning the latest entries in the Federal Register. I first heard about the rule two days before the comment window closed.
The Department of Energy decided that accessibility standards for new construction projects are "unnecessary and too burdensome" and rescinded 10 C.F.R. § 1040.73. This rule eliminates accessibility requirements that were put in place after Section 504 became law. Section 504 helps ensure that construction projects receiving federal funding must be accessible. After forty-five years of being accepted as necessary and manageable, the DOE has changed its position.
The question is why. In this post, I will explain what kinds of construction projects could be affected, why the DOE is the one rolling back accessibility standards, and what this could mean for other government departments if the rule is finalized or survives a legal challenge.
Is The Department of Energy Getting Rid of Accessibility Requirements for Buildings and Construction?
First, what is the Department of Energy, and what do they build? The Department of Energy oversees national energy policy and energy production. It develops nuclear power, conducts energy research, and, depending on the administration, helps businesses and government facilities transition to renewable energy. Below is a chart showing the types of construction projects connected to the DOE.
Sector | Examples of DOE-Funded Projects |
Federal Buildings | New and retrofitted government offices, military bases, courthouses |
Local/Public Infrastructure | Schools, parks, lighting, community centers supported by energy grants |
EV Charging | Highway corridor chargers funded through the NEVI program |
Tech and Research | Net-zero homes, advanced building materials, connected systems |
Clean Energy Facilities | Battery plants, hydrogen production, geothermal and nuclear facilities |
Commercial and Industrial | Large-scale, loan-backed construction through the Loan Programs Office |
Planning For AI and Energy Infrastructure in the United States
Many of these projects do not rely entirely on the Department of Energy. They also receive funding from agencies like Housing and Urban Development and the Department of Transportation. Those departments are still required to follow Section 504, regardless of what the DOE does.
So, we must ask, what exactly is DOE planning to build? The clearest plan is to construct AI data centers on federal land. By 2028, AI is expected to consume 12 percent of the U.S. power grid. If the United States wants to lead the global AI race, the Trump administration argues it must build the energy infrastructure to support that effort. The current Secretary of Energy, Chris Wright, said, "The global race for AI dominance is the next Manhattan Project, and with President Trump's leadership and the innovation of our National Labs, the United States can and will win."
The DOE is also planning to fund nuclear microreactors and other nuclear energy projects. It continues to support large infrastructure efforts through its loan programs, including the ongoing project to modernize California’s power grid.
Why is the Department of Energy Trying to Remove Section 504 Standards?
What does eliminating accessibility standards for new construction accomplish? The clearest example is AI data centers. The US’s goal is to develop these facilities as quickly as possible. Does the Trump administration believe that removing accessibility requirements will help speed up the process? While they have not said this directly, their actions speak loudly.
Removing Section 504 accessibility requirements from construction projects would, of course, negatively impact future visitors, customers, and employees at these centers.
Even so, I don’t believe this is the main reason the DOE chose to repeal the standards using the direct final rule process.
How Will the Department of Energy Get Around Accessibility Requirements If They Are Law?
The direct final rule process is meant for changes that are simple, routine, and unlikely to spark controversy. When an agency uses this method, it publishes the rule in the Federal Register and sets a short public comment period, usually thirty to seventy-five days. If no one submits a significant objection, the rule quietly goes into effect. If someone does, the agency must withdraw it and consider a more formal rulemaking process.
This approach is often used for minor technical adjustments. For example, the Department of Energy once used it to update how energy efficiency is measured for clothes washers. The Environmental Protection Agency used it in 2023 to extend a reporting deadline for coal plants. Agencies like the Nuclear Regulatory Commission and the FDA often use this process to make small corrections or update outdated references.
Why the Department of Energy Is Acting Now
If the impact is so limited, why is DOE the one making this move? Are the projected costs of making new construction accessible unusually high? Possibly, but again, the DOE has not provided that as an explanation. So, we must consider alternatives.
The DOE is a department with low public visibility. Most people don’t spend much time thinking about the DOE, unless their AC is out in the middle of the summer.
What we do know is the following. The DOE gave the public 30 days to comment on the rule, the shortest possible window. The Department of Energy did not officially announce its proposed rule but quietly submitted it to the Federal Register.
It appears the administration attempted to quietly insert this rule into the Federal Register without public notice. And if someone did notice, the hope was likely that it wouldn’t generate enough pushback to delay it. If that strategy works at the DOE and survives a legal challenge, could they quietly roll back to Section 504 and the ADA within other departments?
I understand that what I’m suggesting may sound alarmist. It feels absurd, even diabolical, but perhaps it’s an attempt to establish precedence. Once this is the rule for the Department of Energy, why not the Departments of Health and Human Services, Transportation, Labor, or Education? Based on the timing, the language of the rules, and the nature of the construction projects the DOE is managing, this narrative remains the most plausible. Sometimes, the simplest explanation is the right one.
How Can the Department of Energy Actually Remove Accessibility Compliance?
Can the DOE even use the direct final rule process to eliminate accessibility requirements under Section 504? I highly doubt it. Section 504 is part of the Rehabilitation Act, a civil rights law passed and repeatedly reaffirmed by Congress. It would be deeply unusual for a federal agency to simply declare that a law passed by elected officials no longer applies to them. The DOE claimed the rule was outdated and duplicative of other federal accessibility laws, though it failed to explain how those laws would be enforced across its wide range of construction projects.
Imagine if the Department of Education decided Section 504 was too burdensome to apply to schools. That scenario is easy to consider, especially if you’ve followed the ongoing attacks on Section 504 in recent months.
Did you know about the legal attacks targeting gender dysphoria? By starting small, with a department that most Americans rarely think about, it’s hard to believe they wouldn’t try the same tactic elsewhere.
If you are wondering how ignoring accessibility mandates plays out in practice, this article explains what happens when the ADA is ignored.
What You Can Do to Protect Accessibility Standards
So, what can we do? Although the comment period has closed, we can still contact the Department of Energy and make it clear that we will not accept the rollback of our civil rights. We can reach out to our senators and representatives and demand that they oppose the DOE’s attempt to ignore a law that Congress passed. If the rule is finalized, we can call on our state attorneys general to sue the federal government, just like seventeen states did in Texas v. Kennedy.
This rule may not remain in place for long. A strong legal challenge could overturn it. But our civil rights are never guaranteed. We must not allow the goals of any administration to take a single step toward weakening federal accessibility standards.
Reach out to your senators and representatives and demand that they oppose the DOE’s attempt to ignore a law that Congress itself passed. If you’re not sure who represents you in Congress, you can look them up here.
Broader federal proposals are already being considered that will reshape disability services. read how the Big Beautiful Bill threatens Medicaid, HCBS, and community-based supports.
Why did the DOE choose the direct final rule process?
The Department of Energy used the direct final rule process because it reduces the public comment period, expediting all rule changes.
The final rule process is typically reserved for noncontroversial updates, making advocates believe it’s an attempt to avoid scrutiny while establishing precedence for other departments to do the same.
Is the Department of Energy’s attempt to remove accessibility compliance requirements connected to the Big Beautiful Bill?
Not directly, but it is a part of a broader trend to reduce disability protections under the current administration.
Other proposed laws and administrative actions have targeted Medicaid, HCBS, and civil rights enforcement. If you’d like to see how this connects to other proposals, this article explains how the Big Beautiful Bill threatens Medicaid and disability services.
How does the Department of Energy’s accessibility changes affect ADA compliance?
The proposed reductions in accessibility compliance by the Department of Energy don’t change the ADA directly, but they will reduce accessibility enforcement across federally funded projects.
Section 504 and the ADA work together to ensure accessibility for people with disabilities. Weakening one will weaken the entire system protecting people with disabilities.
What can states do about Section 504 reductions and changes?
States can adopt their own accessibility laws and enforce higher standards locally to ensure compliance with Section 504 and the ADA.
References
U.S. Department of Energy. Federal Building Energy Efficiency Rules and Requirements.
U.S. Department of Energy. Buildings Funding Opportunities.
Politico. Biden inks billion-dollar climate deals to foil Trump rollbacks.
