Biden’s Science and Environmental Justice Orders Foretell a New Era of Rulemaking and Enforcement That Go Beyond Climate

Feb 2, 2021

Reading Time : 1 min

Second, the Executive Order on Tackling the Climate Crisis at Home and Abroad emphasizes consideration of environmental justice in agency decision-making through the creation of White House Environmental Justice Interagency and Advisory Councils. While the Order focuses on addressing climate change, we expect that environmental justice concerns may drive enhanced scrutiny of PFAS contamination, abandoned mines and industrial sites, and coal ash disposal facilities, all of which are often found in underserved communities. For example, the Order provides that the new Justice40 Initiative—aiming to deliver 40 percent of the overall benefits of relevant federal investments to disadvantaged communities—will deploy a new “Climate and Economic Justice Screening Tool” to help prioritize “remediation and reduction of legacy pollution” and “development of critical clean water infrastructure.” These priorities, and the tools they produce, will shift federal attention (including both enforcement and spending) to the communities that played significant roles in the manufacturing and energy booms of the 20th and early 21st centuries.

While some of the Biden administration’s science and environmental justice prerogatives may appear nebulous at the outset, the administration plans to use them to effect real changes in agency decision-making, rulemaking, spending and enforcement. To better understand the impact of these changes on your operations and plans for the future, please do not hesitate to reach out to Akin Gump’s dedicated Environment and Natural Resources team.

Share This Insight

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.