As this is written, we think the election of 2020 is over. Joe Biden will be the new President as of January 20, 2021, although Donald Trump has not acknowledged the voting results. Let’s hope this is bluster and normal transfer of power will occur. Here are some potential changes in energy and environment rules in a Biden Administration.

The Biden Administration will likely move to reverse regulatory actions of the Trump Administration. For example, Biden said that on his first day on the job he will apply for reinstatement in the Paris Climate Accords. The Democratic Party said it would propose a $2 trillion plan to improve transportation and achieve a carbon-free power grid by 2035 and net-zero emissions by 2050. However, given the uncertain makeup of the Senate and not knowing if all Democrats, such as Sen. Manchin of WV, could support this it is unclear whether the plan can pass. While difficult in our partisan atmosphere, bipartisan compromises may be necessary. Many environmental and climate policy changes may be implemented by administrative policy and enforcement, rather than by legislation. Potentially favorable to Biden is the fact that at many of states have adopted a Renewable Portfolio Standard and many companies have GHG emission pledges.

The Biden Administration is likely to reverse deregulatory policies of the Trump Administration, such as revoking executive orders, such as those encouraging energy exploration in environmentally-sensitive areas. The Biden Administration may also place those in charge of the US EPA to promote stronger regulations and enforcement.
The incoming Biden Administration is anticipated to depart from the Trump Administration’s approach to enforcement and permitting and increase attention on environmental justice issues.

The Biden Administration is likely to reverse Trump executive order and issue new ones reestablishing a goal for the federal government to reduce GHG emissions and limiting oil and gas leasing on federal lands. President-elect Biden recently pledged to use the federal government procurement system to give preference to technologies that would move the nation towards 100% clean energy and zero-emissions vehicles to jump-start those industries and to re-establish DOE energy efficiency standards.

President-elect Biden has spoken about his desire to push the government to invest in major infrastructure upgrades, including those that support clean energy power. Biden will likely empower FERC to develop strategies to achieve net-zero emissions, including incentives to grow clean energy and improve energy efficiency of buildings.

A Biden US EPA is expected to address and potentially repeal Trump’s Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule, which withdrew its prior Clean Air Act waiver for California GHG programs and rolled back stringent GHG standards for future autos.

Finally, the Biden Administration is expected to attempt to re-enact the “Once In, Always In” policy of applicability of sources in the air toxics program , NESHAPS, and undo earlier rollbacks under the Endangered Species Act.

Please note that this article is not a legal evaluation of US energy and environmental laws and where they are heading. For specific advice, please engage an appropriate legal professional. CCES has the technical expertise to keep up with and help you comply with complex environmental and energy rules, whether they be federal, state, or local ones. Contact us today at 914-584-6720 or at karell@CCESworld.com.