The differences between President Donald Trump's and
President-elect Joe Biden's approaches to environmental
regulation are stark, and have been well publicized. The Trump
Administration rolled back, or attempted to roll back, more than
100 environmental rules. There is every expectation that the Biden
Administration will seek to roll back the rollbacks. Even absent
new legislation, significant change is expected through executive
orders, regulations, and enforcement. What, then, should we expect
from the Biden administration when it comes to criminal
environmental enforcement?
Our article in Law 360, published on
December 14, explores the potential uptick in enforcement in three
key areas: (1) pollution prosecutions under the Clean Air Act and
Clean Water Act; (2) a renewed focus on environmental justice
concerns, including crimes resulting in disproportionate harm to
low-income communities and communities of color; and (3) an
increased emphasis on holding
