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Jan. 22, 2021 by Joseph Tomain

Biden Named Richard Glick as Chair of the Federal Energy Regulatory Commission. What's Next for the Agency?

President Joe Biden named Commissioner Richard Glick as Chair of the Federal Energy Regulatory Commission (FERC) January 21. Glick succeeds Chairman James Danly. The Commission is expected to retain its Republican majority until Commissioner Neil Chatterjee's term is up on June 30.

Glick previously served as a FERC Commissioner nominated by President Trump in August 2017 and confirmed by the Senate later that year.

Before joining FERC, Glick was general counsel for the Democrats on the Senate Energy and Natural Resources Committee, serving as a senior policy advisor on numerous issues, including electricity and renewable energy. Prior to that, he was vice president of government affairs for Iberdrola, a Spanish multinational electric utility. At Iberdrola, Glick focused on the company’s renewable energy, electric and gas utility, and natural gas storage businesses in the United States. He ran the company’s Washington, DC, office and was responsible for developing and implementing the firm’s federal legislative and regulatory policy advocacy strategies.

Prior to working in the private sector, he served as a senior policy advisor to U.S. Energy Secretary Bill Richardson during the Clinton era, and before that was legislative director and chief counsel to Sen. Dale Bumpers of …

Jan. 21, 2021 by Katie Tracy
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Editor's update: On April 9, 2021, President Biden nominated Doug Parker to lead OSHA. If confirmed, he'll replace Jim Frederick as Assistant Secretary for Occupational Safety and Health in the Department of Labor.

President Joe Biden has tapped three seasoned experts to jumpstart the Occupational Safety and Health Administration (OSHA), the federal government's main worker health and safety agency. Jim Frederick will serve as Deputy Assistant Secretary of OSHA and will head the agency until a permanent Assistant Secretary is confirmed. Frederick’s experience includes over two decades working for the United Steel Workers' health, safety, and environment department. In his latest role, Frederick served as the assistant director and principal investigator for the department. Biden has also named Chip Hughes, former director of the National Institute of Environmental Health Sciences Worker Education and Training Program, as Deputy Assistant Secretary for Pandemic and Emergency Response. This will …

Jan. 19, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

Conservatives love to complain about faceless bureaucrats, but blaming bureaucrats for regulations is hopelessly out of date. When Elena Kagan was a professor, she wrote an article called “Presidential Administration.” The article applauded her former boss Bill Clinton for seizing greater control of the regulatory process, away from agencies. That trend has accelerated to the point where the White House controls even the fine details of regulation.

Two things can get sidelined in presidential administration. One is agency expertise. No one in the White House has as much knowledge as agency experts about air pollution, or climate change, or endangered species.

The other thing that gets sidelined is active implementation of the law actually passed by Congress. The White House staff who review regulations care only about costs and benefits. The president and the higher-level staff …

Jan. 13, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

Donald Trump's hostility domestic environmental regulation is notorious. He also stalled or backpedaled on the international front. Here are seven steps that President Biden could take to remedy the situation.

  1. Rejoin the Paris Agreement. The U.S. needs to immediately rejoin the Paris Agreement. It also needs to update its climate target because we can do a lot more than we thought possible even four years ago to reduce emissions. Technology has improved, renewable prices have fallen, and the car industry is prepared to embrace electric vehicles.

  2. Rejoin the WHO. Leaving the World Health Organization (WHO) in the middle of a pandemic was crazy for many reasons — among them, its effect on the environment. As I wrote in a post at the time, WHO does important work in many countries on controlling dangerous levels of air …

Jan. 12, 2021 by Victor Flatt
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One of the most vexing environmental law issues of the last three decades is the scope of the term "waters of the United States" (WOTUS) in the Clean Water Act — and what marshes, lakes, and streams fall under its purview. A connected legal question stretching back even further is how much deference to give agencies in policymaking and legal interpretations.

These issues are present in both the Trump administration's final "Waters of the United States" rule, which narrowly defines waters subject to the act, and the Biden administration's likely attempt to expand that definition. The Trump administration's narrow approach dramatically reduces the number of waterways under federal protection. A broader definition would restore and possibly expand protections to better safeguard public and environmental health.

A new study on the economic analyses in the Trump rule (which I co-authored) concludes that its supporting economic analyses rely on questionable …

Jan. 11, 2021 by Shalanda H. Baker, Alice Kaswan
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The Black Lives Matter movement highlights long-standing inequities and amplifies the drumbeat for climate justice and an equitable transition to a clean economy. With the incoming Biden-Harris administration and a growing list of environmental justice advocates at the helm, it's time to move from rhetoric to reality. We offer concrete proposals to turn climate justice goals into climate justice policies.

The call for climate justice has multiple dimensions, from ensuring an equitable transition to clean energy for vulnerable communities and workers disrupted by the move away from fossil fuels, to extending the benefits of our economy-wide shift to those who have historically been left behind. Even more than past environmental challenges, decarbonizing will not be a narrow, technical undertaking. We need a holistic, justice-centered perspective to shape our vision for a green economy and meet the pervasive environmental and …

Jan. 7, 2021 by Darya Minovi, James Goodwin
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UPDATE: On January 27, a federal district court in Montana found that the Trump EPA unlawfully made the censored science rule immediately effective. The court then delayed its effective date until February 5. This doesn't overturn the rule, but it does give the Biden-Harris administration more flexibility as it works to fully repeal this damaging policy.

In a last-ditch effort to further weaken the U.S. Environmental Protection Agency's (EPA) ability to protect public health, this week, the Trump administration published its final “censored science” rule. As stated in the Center for Progressive Reform’s comments on the draft rulemaking, this proposal unjustifiably limits the research that can be used in regulatory decision-making, giving more weight to studies where the underlying data is publicly available. These restrictions will apply to dose-response studies — which measure how much an increase in pollution exposure increases public health harms — and which …

Dec. 18, 2020 by Victor Flatt, Joel Mintz
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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 …

Dec. 17, 2020 by Robert Verchick
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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 …

Dec. 17, 2020 by Robert Glicksman
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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 …

CPR HOMEPAGE
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