Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What Will a Biden Administration Mean for Environmental Law?

Author: Scarinci Hollenbeck, LLC

Date: December 10, 2020

Key Contacts

Back
What Will a Biden Administration Mean for Environmental Law?

The regulatory landscape, particularly in environmental law, will likely change significantly once President-elect Joe Biden takes office in January

The regulatory landscape will likely change significantly once President-elect Joe Biden takes office in January. Environmental law will likely see some of the biggest changes, with many of President Donald Trump’s business-friendly policies replaced by those favored by environmental advocates.

Biden Administration’s Environmental Agenda

Although it will take time for Biden to implement his environmental agenda, regulated entities should be prepared for stepped-up regulatory enforcement. In addition to staying on top of legal updates, entities can be proactive by identifying areas where compliance changes may be required.

To facilitate the process, below are a few key areas that President-elect Biden has identified as top priorities:

  • Environmental Justice: The Biden Administration plans to overhaul the federal government’s environmental justice policy and elevate environmental justice throughout the federal government. Specific initiatives include: overhauling the 1994 Executive Order 12898 (EO 12898) on Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations; implementing, to the extent possible by executive action, the Environmental Justice Act of 2019; reestablishing the federal government’s existing environmental justice groups as the White House Environmental Justice Advisory Council and White House Environmental Justice Interagency Council, both reporting directly to the Chair of the White House Council on Environmental Quality (CEQ), who reports directly to the President.
  • Enforcement: The Biden Administration plans to direct the Department of Justice (DOJ) and Environmental Protection Agency (EPA) to prosecute pollution cases to the fullest extent of the law. With regard to criminal liability, Biden’s plan calls for establishing an Environmental and Climate Justice Division within the DOJ. It also includes seeking additional legislation to hold corporate executives personally accountable – “including jail time where merited.” 
  • Clean Energy/Climate Change: The Biden Administration’s climate plan sets an ambitious goal of achieving a 100% clean energy economy and net-zero emissions no later than 2050. To accomplish this initiative, the President-elect has outlined several executive actions that he plans to take within his first 100 days in office. They include, but are not limited to: recommitting the United States to the Paris Agreement; establishing “aggressive” methane pollution limits for new and existing oil and gas operations; developing “rigorous” new fuel economy standards; requiring any federal permitting decision to consider the effects of greenhouse gas emissions and climate change; and requiring public companies to disclose climate risks and the greenhouse gas emissions in their operations and supply chains. Many of the President-elect’s most ambitious climate initiatives will require Congress to get on board. Should Republicans maintain control of the Senate, it will significantly hinder Biden’s ability to enact sweeping environmental legislation.
  • PFAS: The Biden Administration will seek to address per- and polyfluoroalkyl substances (PFAS) pollution by designating PFAS as a hazardous substance, setting enforceable limits for PFAS in the Safe Drinking Water Act, prioritizing substitutes through procurement, and accelerating toxicity studies and research on PFAS.
  • Conservation: President-elect Biden’s environmental plan calls for conserving 30% of America’s lands and waters by 2030. Among other initiatives, the Biden Administration plans to permanently protect the Arctic National Wildlife Refuge and prohibit new oil and gas permitting on public lands and waters. The administration is also expected to restore the boundaries of Utah’s much-contested Bears Ears and Grand Staircase-Escalante national monuments.
  • Clean Water Act: The Biden Administration’s environmental plan stresses the importance of protecting the country’s water systems, including the need to address issues such as run-off and aging infrastructure. It does not directly address the Clean Water Act, which has been the source of controversy since the Obama Administration. Accordingly, it is unclear if the Biden Administration would seek to salvage the Obama-era rules or start from scratch.

What’s Next?

Some of President-elect Joe Biden’s proposals can be accomplished through executive action, such as elevating the importance of environmental justice and rejoining the Paris Agreement. Under the Biden Administration, the EPA is also likely to reverse course from its business-friendly approach and adopt a more aggressive approach to enforcement. The EPA will also likely reverse many regulatory roll-backs that occurred under President Trump, particularly those involving air/water pollution, conservation, toxic chemicals, and drilling. However, most changes will need to go through the formal rulemaking process. As environmental policy changes work their way through the regulatory and legislative process, we encourage regulated entities to participate by submitting comments and feedback. We also advise entities to stay in close contact with legal counsel, which can help you are in the best position to adapt to any legal changes.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Edward “Teddy” Eynon, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]

Author: Paul Grossman

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
Business Law FAQs: What Companies Need to Know post image

Business Law FAQs: What Companies Need to Know

Running a business in New Jersey and New York means operating within one of the most legally complex environments in the country. From the moment you form your company to the day you sell it, and every contract, hire, dispute, and transaction in between, business law is present in decisions that look, on the surface, […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Business Law FAQs: What Companies Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!