Category: President Biden

Climate Change / President Biden
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What would the declaration of a “national climate emergency” mean for businesses?

President Biden is reportedly contemplating the declaration of a “national climate emergency” (NCE).  According to his advisors, all options are on the table for the administration as it seeks to meet its ambitious climate goals.  But what are these options, and what practical effect would they have?

The most probable economic consequence of an NCE would be a further spike in energy prices.  An NCE would give President Biden access to several tools allowing him to restrict the trade, development, or extraction of fossil fuels.  …

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Emerging Issues / Legislation / President Biden / President Trump
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A REVERSED REVERSAL OF NEPA RULES

Last week, through the Council on Environmental Quality’s (CEQ) publication of a final rule at the close of phase one of a two-phase rulemaking process, the Biden administration began its efforts to reverse the prior administration’s reworking of the implementation of the National Environmental Policy Act (NEPA). Originally signed into law by President Richard Nixon in 1970, NEPA requires federal agencies to assess environmental, social, and economic impacts of any activities those agencies are seeking to undertake. The list of such actions is broad, but …

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Emerging Issues / President Biden / President Trump
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White House Proposes Modifications to Trump Administration’s Changes to NEPA Regulations

On October 6, 2021, the White House Council on Environmental Quality (CEQ) proposed modifications to provisions of its regulations implementing the National Environmental Policy Act. NEPA is a federal law that requires all federal agencies to assess the environmental effects of any proposed actions as part of its decision making. The proposed rule is the first of a two-phase rulemaking process, which would reverse changes to NEPA that went into effect during the Trump Presidency after being in place for decades prior to such modifications. …

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Climate Change / President Biden
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President Biden Continues to Act on Climate Change with Executive Order on Climate-Related Financial Risk

On May 20, 2021, President Biden issued an Executive Order on climate-related financial risk, in which the new president directs the federal government to develop a strategy to curb the risk of climate change on public and private financial assets in the United States. The order notes that it is the policy of the administration to “advance consistent, clear, intelligible, comparable, and accurate disclosure of climate-related financial risk” and directs certain federal agencies to incorporate climate risk and environmental, social, and governance (ESG) considerations into …

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