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ARTICLE · 11 NOVEMBER 2020

Environmental Enforcement Under A Biden Administration

WilmerHale
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Now that the results of a tumultuous presidential election appear clear, attention shifts to what to expect during President-elect Joe Biden's first term.

United StatesEnvironment
Peggy Otum
Peggy Otum
Raya Treiser
Raya Treiser
Rachel Jacobson
Rachel Jacobson
Benjamin Hanna
Benjamin Hanna
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Now that the results of a tumultuous presidential election appear clear, attention shifts to what to expect during President-elect Joe Biden's first term. It is fair to say that a Biden White House will sharply contrast with the administration of President Donald Trump. One critical difference affecting regulated industries will be the renewed emphasis on enforcement of federal environmental laws, coupled with a shift in priorities and areas of focus. This alert discusses the expected ramp-up of environmental enforcement and what entities can do to prepare for the anticipated changed environmental legal landscape under a Biden administration.

By several metrics, such as the number of criminal prosecutions and dollar value of civil settlements, enforcement of bedrock environmental statutes like the Clean Air Act and Clean Water Act significantly declined over the last four years as the Trump administration showed a preference for compliance assistance and deferring

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