Biden Climate Change Plans Likely to Face Challenges

As reported in last week’s blog post, climate change is one of President-elect Joe Biden’s top four priorities post-inauguration. Implementing policies to accomplish Biden’s climate change goals, however, is unlikely to be an easy process. First, climate change has generally not been a bipartisan issue in the Congress. Hence, unless the Democrats prevail in both runoff races in Georgia, Biden may struggle just to get his nominee for EPA Administrator approved by a Republican-led Senate, let alone to advance legislation. Even a 50-50 split in the Senate would present significant challenges. Additionally, new environmental regulations may face increased hostility in the courts, as nearly a third of all federal appellate judges were appointed by President Donald Trump. If those judges interpret federal law narrowly, they could limit EPA’s authority to act by striking down new regulations as not specifically addressed by existing statutes.