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Client Alert: What to Expect from the Biden Administration's Environmental Policy | Shumaker, Loop & Kendrick, LLP

Client Alert: What to Expect from the Biden Administration's Environmental Policy | Shumaker, Loop & Kendrick, LLP
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United States: President Biden's Environmental Agenda Comes into Focus

United States: President Biden's Environmental Agenda Comes into Focus
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Democrats May Invoke CRA to Reverse EPA Rules

Wednesday, February 17, 2021
President Biden has pledged to review and reverse many Trump-era environmental policies, including numerous environmental rules. With Democratic majorities in the House and Senate, Congress and the President have the ability to invoke the Congressional Review Act (CRA) to reverse certain of these Trump-era rules.
The CRA is a 1996 statute that establishes a process by which Congress can overturn “major” rules issued by federal agencies. The CRA defines major rules as those that have an annual $100 million or greater effect on the economy. Under the CRA, the newly convened 117th Congress will have a “lookback” period of 60 legislative days from the date a rule was published in the Federal Register to review the rule and vote on a joint resolution of disapproval. A simple majority in both houses of Congress is required for the measure to pass and be sent to the President. If the President then signs the joint resolution of d ....

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Environment

SEER Administration Tracker
A collection of changes made under the Biden Administration that relate to environmental, energy, and resource issues. Members of the ABA Section of Environment, Energy, and Resources (SEER) regularly update this resource, which provides practitioners with the latest updates. Changes are categorized by topic. Topics include: environment (general updates), air quality/climate, chemicals and contamination, energy, natural resources, and water.
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The DOI applauds and stands poised to administer historical levels of relief pursuant to the American Rescue Plan (ARP) legislation that was passed on March 11. Under the ARP, DOI will invest unprecedented resources in Tribal communities including: (1) $900 million for the Bureau of Indian Affairs, which will include direct aid payments to Tribal governments and funding to address concerns related to housing and potable water, and (2) $850 million for the Bureau of Indian Education, which ....

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Biden Orders Immediate Confrontation of Climate Crisis

Biden Orders Immediate Confrontation of Climate Crisis
On Jan. 20, President Joe Biden signed an executive order entitled, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” It establishes the Biden administration’s commitment to immediately work to confront both the causes and impacts of climate change by implementing policy guided by science. The order rolls back many actions taken by the Trump administration to loosen environmental standards and protections and calls on all federal agency heads to review and “consider suspending, revising, or rescinding the agency actions” that may be inconsistent with Biden’s articulated policy. It also effectively recommits the U.S. to the 2015 Paris Climate Accords, a multilateral treaty designed to reduce carbon emissions and address climate change, which President Trump withdrew the U.S. from in 2017. ....

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