On January 20, 2021, President Joe Biden issued an executive order, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The order directs executive agency heads to review hundreds of agency actions implemented during the Trump administration, including more than 120 related to energy and the environment. In addition, the order suspends or revokes, in whole or in part, nearly one dozen executive orders issued by the prior president directly tied to energy infrastructure.
On October 26, 2020, the U.S. Department of the Interior (“DOI” or “The Department”) issued an interim final rule, which revises its guidelines for the development, review, and clearance of guidance documents. The Department’s rule follows the U.S. Environmental Protection Agency’s promulgation of a similar rule last month. Both rules implement the October 2019 Executive Order on Promoting the Rule of Law Through Improved Agency Guidance Documents directing Federal agencies to finalize regulations that set forth procedures for issuing guidance documents.