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This Week’s Climate Policy Update

Good evening! This is Akin Gump’s weekly policy newsletter on all things climate change. Below are the major federal climate policy headlines of the past week - House Appropriators Release Bill to Bolster EPA, Interior...more

Earth Week Recap and Climate Policy Update

Last Friday as the United States celebrated Earth Day, President Biden released a proclamation and signed a new executive order to strengthen domestic and international forest protection commitments...more

Ten Executive Branch Climate and Sustainability Developments to Watch in 2022

With 2022 underway, the Biden-Harris administration is continuing to implement its “whole-of-government” response to climate change. In 2021, the administration focused on building public-private partnerships on clean energy,...more

Infrastructure Investment and Jobs Act Summary of Key Programs and Provisions

[co-author: Christina Barone] The Infrastructure Investment and Jobs Act (the “bill”) is historic bipartisan legislation that will make available $1.2 trillion in funding for infrastructure programs across the...more

In the Absence of Congressional Action, Expect Executive Action to Advance U.S. Methane Reduction Goals in the Lead-up to COP26

As the United Nations Climate Change Conference (COP26) in Glasgow approaches, many countries are turning their sights on methane emission reductions as a major prong of their international climate commitments. Over the...more

The Environmental Protection Agency’s Draft Strategic Plan

The Environmental Protection Agency (EPA) has released a draft of its 2022-2026 strategic plan, including a new foundational principle and several goals not seen in previous plans. Administrator Michael Regan has stated that...more

Congress Cancels Trump-era Methane Rule Amendments, Restoring Prior Standards

Yesterday evening, President Biden signed Congress’s resolution to use the Congressional Review Act (CRA) to reject a September 2020 U.S. Environmental Protection Agency (EPA) rule that rescinded methane emission standards...more

EPA to Phase Down HFC Use in Early Step to Advance Biden-Harris Climate, Environmental Justice Agendas

EPA to Phase Down HFC Use in Early Step to Advance Biden-Harris Climate, Environmental Justice Agendas Last week, the Biden-Harris administration took action—with some bipartisan backing from Capitol Hill—to reduce the...more

The Biden-Harris Administration’s “Whole of Government” Approach to Combating Climate Change: Who You Heard From at the Climate...

President Biden’s Leaders Summit on Climate has wrapped up. The event saw world leaders highlighting their countries’ respective climate commitments, calling for collective action, and attending breakout sessions designed to...more

New U.S. Paris Agreement Pledge Sets Aggressive Target and Offers Clues for Business Planning and Advocacy Efforts on Climate...

Key Points - On Earth Day, the Biden-Harris administration announced a new target for the United States to achieve a 50 to 52 percent reduction in economy-wide GHG emissions by 2030, which constitutes the country’s new NDC...more

Biden Wants the United States to “Buy Clean” and Become a “Climate Star.” Here’s What That Could Look Like.

In March, House Democrats re-introduced the Climate Leadership and Environmental Action for Our Nation’s (CLEAN) Future Act, a comprehensive climate package that aims to transition virtually every major sector of the U.S....more

Regan Rejoins EPA: A “Who’s Who” Guide to the Key Officials Who Will Shape the Agency

Key Points - On Wednesday, March 10, 2021, the U.S. Senate confirmed Michael Regan as the next EPA Administrator. - Although Regan and most of the Biden-Harris administration’s other high-level EPA officials have fairly...more

Climate, NEPA, Environmental Justice Dominate Hearing for EPA, CEQ Nominees

During yesterday’s Senate Environment and Public Works Committee hearing, President Biden’s nominees for Chair of the White House Council on Environmental Quality (CEQ), Brenda Mallory, and for Deputy Administrator the...more

Tearing Down Trump’s Environmental Wall: Justice Department Ditches Impediments to Effective Enforcement

Late last week, the Justice Department withdrew nine Trump-era policy and guidance documents that shaped how the Department’s Environment and Natural Resources Division (ENRD) enforced environmental law during the past...more

A Bridge Over the Rising Seas: Biden’s “Climate Day” Order Promises Green Infrastructure

A number of President Biden’s early climate and environmental policies direct federal funding, research and procurement decisions toward infrastructure. In this installment of our series on President Biden’s “Climate Day”...more

Biden’s Science and Environmental Justice Orders Foretell a New Era of Rulemaking and Enforcement That Go Beyond Climate

Last week’s “Climate Day” actions grabbed headlines primarily for how they respond to climate risk through increased federal coordination. Equally important may be the actions the Biden administration took that day to combat...more

Biden Vows to Marry Climate, Jobs on “Climate Day”

As we previewed yesterday morning, January 27 was the Biden administration’s “Climate Day.” Yesterday’s actions—two executive orders and a presidential memorandum—provided further detail on the President’s roadmap for...more

DOE to Review Appliance and Building Energy Efficiency Regulations

Shortly after inauguration, President Joseph R. Biden signed an Executive Order (EO) entitled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” This sweeping Executive Order...more

Less Frost, and More Cost: Biden Revives Interagency Working Group to Publish Updated Social Costs of Carbon and Other Greenhouse...

Key Points - President Biden’s Day One Executive Order on climate action reconvenes an interagency working group to establish interim and final social costs of three GHGs: carbon dioxide, nitrous oxide and methane. -...more

Supreme Court Rejects EPA’s Watered-down View of Jurisdiction over Groundwater Discharges

The U.S. Supreme Court clarified that the scope of federal protection under the Clean Water Act includes any “functional equivalent” of a direct discharge to navigable waters from a point source. The Court’s decision is the...more

SEParating from Tradition: Justice Department Prohibits Use of Supplemental Environmental Projects to Resolve Civil Enforcement...

- Effective March 12, 2020, the U.S. Department of Justice is no longer including supplemental environmental projects (“SEPs”) in the settlement of civil enforcement actions brought by the U.S. Environmental Protection...more

An Inside Look at the House Bill to Revolutionize U.S. Climate Strategy

Key Points - House Democrats have released draft text for the CLEAN Future Act, a comprehensive climate bill that aims to achieve net-zero greenhouse gas pollution throughout the United States by 2050 by directing federal...more

EPA Proposes Replacement for Clean Power Plan

On Tuesday, August 21, 2018, the U.S. Environmental Protection Agency (EPA) announced its Affordable Clean Energy (ACE) Rule, a proposal to replace the Clean Power Plan issued in 2015. EPA Acting Administrator Andrew Wheeler...more

US EPA and DOT Proposal to Freeze Fuel Economy Standards for 2021-2026

On Thursday, August 2, 2018, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and the U.S. Environmental Protection Agency (EPA) jointly proposed a rule to freeze the fuel...more

EPA Memo Outlines Plan for Altering Review Process of Existing Air Quality Regulations

On May 9, 2018, Environmental Protection Agency (EPA) Administrator Scott Pruitt issued a memorandum outlining a “back-to-basics” process for reviewing National Ambient Air Quality Standards (NAAQS) for criteria...more

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