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ARTICLE · 25 JANUARY 2021

Biden Executive Order On Energy Regulation

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On January 20, 2021, President Joseph Biden signed a series of executive orders to begin to set forth his administration's policy agenda. Among the executive orders he signed was the executive order...

United StatesEnergy and Natural Resources
Andrew Olmem
Andrew Olmem
Vera De Brito De Gyarfas
Vera De Brito De Gyarfas
J. Paul Forrester
J. Paul Forrester
Philip K. Lau
Philip K. Lau
Carl Von Merz
Carl Von Merz
Dale D. Smith
Dale D. Smith
Courtney E. Beloin
Courtney E. Beloin
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On January 20, 2021, President Joseph Biden signed a series of executive orders to begin to set forth his administration's policy agenda. Among the executive orders he signed was the executive order "Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis" (the "Order"). This Order contains a series of directives to federal agencies and departments that will significantly impact the energy sector and signals the high priority the Biden administration is placing on addressing climate change.

The Order states the administration's policy on advancing environmental justice and directs agencies and departments to take specific steps to implement that policy. The Order's directives are phrased in terms of instructing agency and department heads to "consider" taking action, likely so as to avoid running afoul of the Administrative Procedure Act by prejudging the outcome of a rulemaking or other agency action. In practice,

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