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A shift in administration at the state or federal level comes with regulatory changes and uncertainties. Already, the Biden administration has demonstrated it will have different environmental enforcement priorities and approaches than the previous administration. So what should the regulated community expect at the national level, as well as regionally?
Increased Environmental Inspections and Enforcement, But Also the Return to Supplemental Environmental Projects as a Settlement Tool
It is likely the Biden administration will adopt regulatory changes under the Clean Air Act and the Clean Water Act to employ more stringent regulatory programs. For example, as discussed in more detail here, the Biden Environmental Protection Agency (EPA) may reevaluate the previous administration’s guidance memo regarding regulating discharges to groundwater under the Clean Water Act. Changes to guidance documents and adopting new rules
UNITED STATES FOREIGN POLICY AND NATIONAL SECURITY
Sec. 101
This section states the policy that climate considerations will be an essential element of U.S. foreign policy and national security.
Foreign Policy
Sec. 102
- Announces the U.S. will host a Leaders’ Climate Summit, contribute to the United Nations COP26, and reconvene the Major Economies Forum on Energy and Climate
- Climate considerations will be prioritized in international forums (i.e., G7 and G20)
- Directs the development of the U.S. contribution under the Paris Agreement in advance of the Leaders’ Climate Summit
- Directs the development of a climate finance plan to assist developing countries to reduce emissions
The White House
The United States and the world face a profound climate crisis. We have a narrow moment to pursue action at home and abroad in order to avoid the most catastrophic impacts of that crisis and to seize the opportunity that tackling climate change presents. Domestic action must go hand in hand with United States international leadership, aimed at significantly enhancing global action. Together, we must listen to science and meet the moment.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
The United States and the world face a profound climate crisis. We have a narrow moment to pursue action at home and abroad in order to avoid the most catastrophic impacts of that crisis and to seize the opportunity that tackling climate change presents. Domestic action must go hand in hand with United States international leadership, aimed at significantly enhancing global action. Together, we must listen to science and meet the moment.
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
PART I PUTTING THE CLIMATE CRISIS AT THE CENTER OF UNITED STATES FOREIGN POLICY AND NATIONAL SECURITY