“States Gear Up for Upcoming Changes: Navigating the Expected Rollback of Biden’s Environmental Regulations” | JD Supra

Key Points

• President-elect Trump plans to undo many climate policies put in place by the previous administration.
• The SEC’s new rules on climate reporting are likely to be removed.
• Although Trump’s EPA head nominee supported past legislation on harmful chemicals, recent rules on these substances may also be rolled back.
• Some states are stepping up their own environmental regulations to compensate for expected federal changes.

President-elect Donald Trump has made it clear that he will focus on reducing federal regulations. This includes reversing many actions from the Biden administration aimed at tackling climate change.

Here are some specific actions Trump is expected to take:

• Withdraw from the 2015 Paris Agreement, which seeks to limit global warming.
• Cancel EPA rules that aim to cut greenhouse gas emissions from coal and natural gas plants.
• Remove fees on methane emissions from oil and gas operations.
• Restart approvals for new liquefied natural gas export facilities.
• Eliminate SEC rules related to climate-related disclosures.
• Relax fuel efficiency standards, which would have encouraged the shift to electric vehicles.

The future of other environmental rules, especially those concerning harmful chemicals known as PFAS, remains uncertain. Under President Biden, the EPA took steps to regulate these substances by:

• Designating some PFAS as hazardous.
• Establishing drinking water standards for certain PFAS.
• Creating water quality criteria for these chemicals.
• Increasing reporting requirements related to PFAS.
• Identifying PFAS as a priority for enforcement from 2024 to 2027.

While there’s speculation that these regulations may be rolled back, Trump’s choice for EPA administrator, Lee Zeldin, has shown support for regulating PFAS in the past. He voted for legislation that set standards for these chemicals while serving in Congress.

It seems likely that Trump’s administration may focus on easing restrictions rather than completely removing them.

On the other hand, several Democratic-led states are committed to maintaining strict environmental policies. For instance, New York Governor Kathy Hochul has recently enacted the Climate Change Superfund Act, which charges companies for their greenhouse gas emissions.

New York City’s Mayor’s Office has also stated that it will continue working toward an 80% reduction in greenhouse gas emissions by 2050, regardless of federal changes.

Additionally, California’s Attorney General Rob Bonta is poised to challenge any efforts by Trump’s administration to roll back environmental regulations. His office has previously sued over 120 times on environmental issues during the first Trump term and is ready to do so again if necessary.

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