Top Ten Regulatory Policy Stories to Look Out for in 2021 -- Part I
Thanks to the recent presidential election results, I’m able to do something I haven’t done in a long time: look at a new year with something resembling hope and optimism. As noted in my December 21 posts, the Trump administration wreaked havoc on our system of regulatory safeguards in 2020, as it did in previous years. The incoming Biden-Harris administration brings a strong mandate to undo the damage — and to go further by building a more just and people-centered government that can meet the pressing challenges America faces.
CPR recently launched Policy for a Just America with this opportunity in mind. This initiative aims to rebuild and reimagine government and offers detailed recommendations aimed at promoting a more robust and responsive regulatory system.
Will we seize the moment? Here are the first five of 10 storylines I’ll be following this year. Each could significantly influence efforts to build a regulatory system that can deliver safeguards that the American public expect and deserve.
- Will the U.S. Senate runoffs in Georgia put the Congressional Review Act (CRA) in play? Winning these elections would give Democrats full control of the White House and both chambers of Congress - and the …
In my previous post, I began my review of 10 key regulatory policy stories to watch out for as 2021 gets underway. In this piece, I wrap up that list and offer some closing thoughts.
- How will Congress oversee the Biden-Harris administration's regulatory actions? When Republicans regained control of the U.S. House in 2010, they wasted little time challenging the Obama administration's regulatory policies, regularly holding bombastic hearings for show and rolling out new bills meant to throttle the regulatory system. If Republicans win either or both Georgia runoffs for U.S. Senate tomorrow, they will retain control of the chamber and will likely borrow a page from this playbook. Whether the Biden-Harris administration vigorously defends its regulatory agenda or cowers like the Obama administration will determine how much progress it makes on its policy priorities. On the flipside, House Democrats have a crucial …
In my last post, I began counting down the top ten most significant developments affecting regulatory policy and public protections from the past year. This post completes the task. The good news is some of these developments offer some hope on realizing the goals of CPR’s Policy for a Just America initiative: a sustainable future, a responsive government, and strong, effective protections for all people and the environment. Others, however, suggest that the task of realizing those goals will be an arduous one.
- Environmental justice takes its rightful place as a top-tier issue. At the beginning of the year, environmental justice rose to unprecedented prominence thanks to advocacy efforts behind the Green New Deal and the introduction of major environmental justice legislation by Reps. Donald McEachin (Va.) and Raúl Grijalva (Ariz.). The issue took on greater urgency in May, after the alleged murder of George Floyd …
This was the year in which many of our worst fears about the Trump administration came to pass. Racial unrest reached a boiling point. The GOP’s attacks on our democracy leading up to and after the election will take decades to fix. And of course, tens of thousands of lives have been needlessly lost to an unprecedented pandemic.
It was an ugly year. Not surprisingly, most of 2020’s top regulatory policy stories were ugly too. In general, policy developments aligned against the goals of CPR’s new Policy for a Just America initiative: a sustainable future, a responsive government, and strong, effective protections for all people and the environment. The incoming Biden-Harris administration can put us back on the right track, but they have a lot of work ahead of them.
Here are the first five of this year’s 10 most significant developments affecting …
Update: On March 10, 2021, the Senate voted to confirm Michael Regan as EPA Administrator.
President-elect Joe Biden is set to name Michael Regan to lead the U.S. Environmental Protection Agency (EPA). Regan is currently the secretary of the North Carolina Department of Environmental Quality, and his past experience includes earlier stints at EPA and the Environmental Defense Fund. He would be the first Black man to serve as EPA administrator.
Donald Trump and the industry allies he appointed to head this critical agency — Scott Pruitt and Andrew Wheeler — harmed it through a series of air, water, pesticide, and chemical safety rollbacks. Pruitt and Wheeler also imposed damaging procedural rules on the agency that, if left in place, will make it next to impossible to use the best science to craft environmental protections — or to justify them in the first place. Adding insult to injury, the …
Update: On February 25, 2021, the Senate confirmed Jennifer Granholm as Secretary of Energy.
President-elect Joe Biden is poised to name Jennifer Granholm to lead the U.S. Department of Energy, which oversees key energy efficiency standards, research, and development. Granholm is a former two-term governor of Michigan and a champion of using a clean energy transition to spur economic growth.
During the Trump years, the department repeatedly tried to defund important clean energy research programs. The department also weakened energy efficiency standards for appliances, light bulbs, and other consumer products. These actions damaged our country’s ability to reduce carbon pollution, combat climate change, and help those most burdened by high energy bills.
The Biden administration and Granholm must make energy justice a focus of their policy agenda. Here are five top priorities they can start on right away:
- Roll out an energy efficiency program for …
Update: On March 15, 2021, the Senate voted to confirm Deb Haaland as Secretary of Interior.
President-elect Joe Biden tapped Deb Haaland to head up the U.S. Department of the Interior, which oversees our nation's public lands, wildlife conservation, and key aspects of energy development. Currently a House representative from New Mexico, Haaland has led the national parks, forests, and public lands subcommittee on the House Natural Resources Committee. She would be the first Native American to lead the department.
If confirmed, Haaland will oversee an agency the Trump administration systematically worked to dismantle. Secretaries Ryan Zinke and David Bernhardt did everything in their power to make the department as industry friendly as possible — shrinking national monuments, gutting endangered species protections, throwing open the doors to fossil fuel extraction, and more.
Though Haaland will face significant challenges, she can begin to reverse harmful policies and ensure …
UPDATE: The Senate confirmed Brenda Mallory as Chair of the Council on Environmental Quality on April 14, 2021.
President-elect Joe Biden is set to name Brenda Mallory to lead the Council on Environmental Quality (CEQ), the White House office that coordinates environmental policy across federal agencies. Mallory has more than three decades of environmental law and policy experience, served as CEQ general counsel under President Barack Obama, and is currently director of regulatory policy at the Southern Environmental Law Center.
Though somewhat dormant during Donald Trump's early tenure, CEQ ramped up its attacks on environmental policies and protections during the second half of Trump’s term.
It focused its assault on how agencies review the environmental impacts of their actions. Congress required such environmental review beginning in 1970 with the National Environmental Policy Act (NEPA). Whenever an agency funds or issues a permit for a big project …
This post was originally published on Legal Planet. Reprinted with permission.
Donald Trump prided himself on his contempt for established norms of presidential action. Whole books have been written about how to restore those norms. Something similar also happened deeper down in the government, out in the agencies like the U.S. Environmental Protection Agency (EPA) that do the actual work of governance. Trump appointees have corrupted agencies and trashed the norms that support agency integrity. It will take hard work to undo the harm. White House leadership is important, but success will require dedicated effort by the agency heads appointed by Biden.
Scientific integrity. The role of science is the most obvious example of norm busting under Trump. Whether it is EPA, the National Oceanic and Atmospheric Administration (NOAA), the Food and Drug Administration (FDA), or the Centers for Disease Control and Prevention (CDC), the Trump …
In the midst of a global pandemic and increasingly desperate attempts by the Trump administration to subvert the results of the 2020 election, it would be easy to miss a slew of recent news stories on individuals the media has termed "climate refugees."
These are people who have been displaced due to catastrophic climate change, or who will be forced to flee as their homes become too hot, too cold, or too dry, or if they become regular targets of massive storms or end up underwater. As many of these stories have highlighted, among those most at risk are the Indigenous peoples of the United States.
The scale of climate-induced displacement boggles the mind. According to many reports — including one by the UN High Commissioner for Refugees — well over 100 million people will be forced to flee their homes as a result of climate change …
