Reversing Environmental Rollbacks

CLEE assembled a team of legal experts to develop a series of strategy memos that detail how to reverse some of the most problematic environmental policy rollbacks of the last administration, with a focus on those that have not received the same level of attention as more high-profile actions (e.g., changes to automobile fuel economy standards) but still pose significant threats to the environment and agency programs/processes. These memos detail each rollback’s legal background, environmental and regulatory impact, and current litigation status; offer a list of proposed actions for the new administration to reverse it; and, where appropriate, propose affirmative actions the agencies can take to build on existing programs. You can access the memos via the links below.

• Bureau of Land Management: Coal Leasing Program

• Bureau of Land Management: Waste Prevention Rule under the Mineral Leasing Act

• Council on Environmental Quality: Federal Environmental Review under the National Environmental Policy Act

  • Status: Executive Order 13990 directed CEQ to rescind the draft guidance on consideration of greenhouse gas emissions and update Obama-era guidance as appropriate.

• Department of Energy: Appliance Energy Efficiency Standards under the Energy Policy and Conservation Act

  • Status: Executive Order 13990 directed DOE to review and propose revisions to the Process Rule by June 2021.

• Department of the Interior: Regulations for listing species and designating critical habitat under the Endangered Species Act

  • Status: Executive Order 13990 directed DOI to review a range of Trump-era rules, including the ESA listing and habitat designation rules.

• Environmental Protection Agency: Analysis of benefits and costs under the Clean Air Act

  • Status: Executive Order 13990 directed EPA to review and propose revisions to the rules as soon as possible.

• Environmental Protection Agency: Environmental Appeals Board

  • Status: Executive Order 13990 directed EPA to review a range of Trump-era rules, including the EAB rule.

• Environmental Protection Agency: Oil and gas methane regulations under the Clean Air Act

  • Status: Executive Order 13990 directed EPA to review and propose revisions to the regulations by September 2021. 

• Environmental Protection Agency: Procedures for issuance of agency guidance

  • Status: Executive Order 13990 directed EPA to review a range of Trump-era rules, including the guidance rule (CEQ, DOE, and DOI were also directed to review their parallel rules).

• Environmental Protection Agency: Project emissions accounting for New Source Review permitting under the Clean Air Act

• Environmental Protection Agency: Reclassification of major sources under Section 112 of the Clean Air Act

  • Status: Executive Order 13990 directed EPA to review a range of Trump-era rules, including the reclassification rule.