In January, President Biden signed executive orders specifically charging federal agencies to focus on environmental regulations, climate change, and environmental justice. In the intervening weeks, the agencies have begun implementing those directives. We are seeing incremental steps taken as the nominees to head these agencies move through the confirmation process. The Senate just confirmed Michael Regan’s appointment to head the U.S. Environmental Protection Agency and hearings for other nominees have recently happened or are being scheduled. Agency activity is expected to increase as more appointed officials take the lead.
The U.S. Department of Interior has proposed to delay the effective date of the Trump Administration’s final rule to decriminalize incidental take (accidental harm) under the Migratory Bird Treaty Act (MBTA) finalized in January. Íæż½ã½ã supports the Trump Administration's rule as it provides clarity and relief for industry and private citizens from prosecution for engaging in lawful actions that may result in the accidental injuring or killing of a migratory bird.
On Feb. 3, the Senate Committee on Environment and Public Works held a hearing for Michael Regan on his nomination for Administrator of the U.S. Environmental Protection Agency.
The U.S. Environmental Protection Agency (EPA) will host two information sessions in February on the 2021 Diesel Emissions Reduction Act (DERA) National Grants.
As part of his approach to addressing climate change, President Biden signed an executive order that directs a pause on entering into new oil and natural gas leases on public lands or offshore waters, as well as a rigorous review of existing leasing and permitting practices related to fossil fuel development and doubling renewable energy production from offshore wind by 2030. The order does not immediately affect the substantial number of leases entered into during the Trump administration. While Íæż½ã½ã and its members look forward to new clean energy construction market opportunities, the association remains concerned about impacts to traditional energy markets and its members who perform that work.
In a January 27 Executive Order, President Biden initiated steps to mobilize the entire federal government to address climate change from every sector of the economy – and to motivate states and other countries to do the same. The EO falls short of declaring a climate emergency; however, it tasks the federal agencies to make and act on recommendations related to climate policies, environmental justice, labor, national security, energy, and conservation.
On Dec. 23, 2020, the U.S. Environmental Protection Agency (EPA) finalized its penalty rule that increased the maximum civil penalties per violation of an environmental statute or agency regulation. These annual adjustments are required by the Federal Civil Penalties Inflation Adjustment Improvements Act of 2015. Below are the new penalty maximum levels to account for inflation. In practice, fines tend to track the perceived or actual economic benefit derived from the violation(s) – consistent with applicable EPA penalty policies.
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 Íæż½ã½ã 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 Íæż½ã½ã 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.
Vulnerable to Rollback in New Administration
President-elect Joe Biden campaigned on reversing the Trump Administration’s regulatory reforms in the environmental arena and ramping up efforts to address climate change and environmental justice. Biden is currently working with his transition team to review potential nominees to head up the key environmental regulatory agencies and new climate leadership positions that he intends to create within the White House.