On January 20, President Biden signed several executive orders to start work on his campaign promises to take steps on climate change and environmental justice as well as heighten enforcement. The transition team circulated a list of regulations to review include many that AGC has advocated on in recent years, such as waters of the United States (WOTUS), species concerns, and streamlining of federal reviews and approvals. This review process will take time and in some cases years to occur; and AGC will continue to stay engaged. As is commonly done, the Biden Administration initiated an immediate freeze on all federal rulemakings that are underway and called for a delay of final rules that have not yet gone into effect.
Executive Order (E.O.) on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis orders a review across federal agencies of policies and regulations from the past four years that do not meet the goals of this administration on environmental protection, reduction of greenhouse gas emissions, resilience, environmental justice, and enforcement. The E.O. also prioritizes “the creation of the well-paying union jobs necessary to deliver on these goals.” For prior actions that do not meet this administration’s goals, the agencies are to consider initiating the regulatory process to revise or rescind those rules. For those rules currently in the courts, the Attorney General may seek to stay or dispose of litigation at their discretion until completion of the regulatory review and any further steps are taken. Agencies are to report back on which actions could be done in a year and those that will be completed by 2025.
Specific to climate change, President Biden charges the agencies to immediately “commence work to confront the climate crisis” and establishes a workgroup to identify the social cost of greenhouse gases. The E.O. revokes prior policy to expedite environmental reviews and promote energy infrastructure. President Biden has also authorized a return of U.S. involvement in the Paris Climate Agreement.
For more information, contact Melinda Tomaino at melinda.tomaino@agc.org.