President Biden has promised to reinstate more than 100 rules and regulations aimed at environmental protection that his predecessor rolled back. It won’t happen overnight.
Excerpt from this New York Times story:
President Biden, vowing to restore environmental protections frayed over the past four years, has ordered the review of more than 100 rules and regulations on air, water, public lands, endangered species and climate change that were weakened or rolled back by his predecessor.
But legal experts warn that it could take two to three years — and in some cases, most of Mr. Biden’s term — to put many of the old rules back in place.
“People should temper their expectations about what can be done quickly,” said Kevin Minoli, who served as a lawyer at the Environmental Protection Agency in the Clinton, Bush, Obama and Trump administrations. He added, “It’s very possible, more possible than not, that some of the Trump rules will still be in effect for a couple of years.”
Mr. Biden has an array of legal tools to reinstate environmental protections that were dismantled by the Trump administration. Gina McCarthy, his top domestic climate change adviser, headed the E.P.A. in the Obama administration and served as the chief author of some of the nation’s most comprehensive climate change rules. She has now reviewed every possible option to restore those protections, according to a White House official who is familiar with her thinking but was not authorized to speak on the record.
But those tools take time. Experts in environmental law who have spoken with top Biden administration officials said the process of rolling back the Trump-era rollbacks would quite likely fall into a few broad categories. In a limited set of cases, Mr. Biden will be able to use his executive authority immediately, for instance to cancel individual fossil fuel infrastructure projects or reinstate federal protections on distinct areas of land and water.
Then there are the longer-term rollbacks. It could take two years or more for the administration to restore Obama-era climate change regulations, rolled back by the Trump administration, that were designed to cut emissions of planet-warming pollution across major sectors of the economy. It could also take that long to restore rules on industrial emissions of toxic pollutants such as mercury, as well as a major rule, Waters of the United States, designed to protect wetlands and waterways.“When it comes to restoring the vast majority of these Obama environmental policies, the rollbacks were actually done by putting in place new regulations,” Jeffrey Holmstead, a lawyer representing fossil fuel companies who served in the E.P.A. in both Bush administrations. “In some cases that took two to three years. They will have to be replaced with new regulations. There is a legal process that has to be followed.”




















