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Environmental Enforcement Outlook on Climate Change, NEPA and Emerging Contaminants and Chemical Safety | Morgan Lewis


(Updated 2/16/2021)
With the arrival of a new US presidential administration, companies are anticipating potential shifts in enforcement priorities by the US Environmental Protection Agency (EPA) in the areas of climate change, the National Environmental Policy Act (NEPA), and emerging contaminants and chemical safety. In several areas, there is likely to be a rollback of the rollbacks of environmental rules implemented by the former administration, as well as an increased emphasis on environmental justice.
CLIMATE CHANGE
Climate change is a top priority for the Biden administration. Any new rules proposed by EPA will be tied up in litigation for years. However, there are numerous executive and administrative actions the administration could take to advance the president’s climate-change agenda, and several have already been enacted since Inauguration Day. ....

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Biden Orders Immediate Confrontation of Climate Crisis


Biden Orders Immediate Confrontation of Climate Crisis
On Jan. 20, President Joe Biden signed an executive order entitled, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” It establishes the Biden administration’s commitment to immediately work to confront both the causes and impacts of climate change by implementing policy guided by science. The order rolls back many actions taken by the Trump administration to loosen environmental standards and protections and calls on all federal agency heads to review and “consider suspending, revising, or rescinding the agency actions” that may be inconsistent with Biden’s articulated policy. It also effectively recommits the U.S. to the 2015 Paris Climate Accords, a multilateral treaty designed to reduce carbon emissions and address climate change, which President Trump withdrew the U.S. from in 2017. ....

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