How Biden Can Prevent Climate Action from Failing in Court

Bracewell’s Ann Navaro recently examined for E&E News how President-elect Joe Biden can avoid scrutiny of the federal court system by focusing his administration’s efforts on meticulous rulemaking and incremental climate action.

“A rulemaking is a heavy lift and has [to] be approached in a serious manner in order to survive expected challenges,” explained Navaro. “I think we will see the new administration approach the task deliberately in order to achieve durable results.”

Biden officials are unlikely to repeat the legal mistakes the Trump administration made when it tried to scale back Obama-era rules, added Navaro. Trump’s efforts to undo regulations often stumbled on procedural grounds, and the administration’s replacement rules are only just beginning to make their way through the courts.

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