The Trump administration dedicated itself to deregulation with unprecedented fervor. It rolled back scores of regulations across government agencies, including more than 80 environmental rules. The Biden administration can reverse some of those actions quickly – for instance, as president, Joe Biden can undo Donald Trump’s executive orders with a stroke of the pen. He plans to restore U.S. involvement in the Paris climate agreement that way on his first day in office. Undoing most regulatory rollbacks, however, will require a review process that can take years, often followed by further delays during litigation. There is an alternative, but it comes with risks.
The Endangered Species Act (ESA) is a polarizing statute that imposes seemingly uncompromising mandates. It strictly prohibits activities that degrade habitat in a way that significantly impairs the ability of protected animals to survive and thrive. The ESA mandates appear inflexible, impeding collaboration between and among regulators and stakeholders. Yet, contrary to this conventional wisdom, a newly published analysis shows that ESA implementation embraces conservation collaborations. Rather than simply applying or waiving prohibitions on habitat-impairing actions, many ESA rules incorporate public-private plans or best-management practices that focus on the key threats to species at greatest risk of extinction.
Three national environmental and scientific advocacy groups released a policy brief to respond to the call for information from the Biden administration on ways EPA should take stronger action to protect communities at risk of chemical disasters worsened by hurricanes, floods, wildfires, and other climate events.