While still a newly minted lawyer early in 1977, I had the good fortune to land a job with the then brand-new Rhode Island Department of Environmental Management. This coincided with the 1976 election of Jimmy Carter as President, who was more favorable to environmental protection than his predecessors. State environmental agencies address many local concerns, but federal environmental agencies typically have more funding and a broader mandate. However, with every change of federal administrations, there is typically a focus on which regulations will be expanded and which will be repealed. When it comes to environmental regulations, however, it helps to understand the history of environmental regulation in the United States.
Twentieth Century Environmental Regulation
Prior to Carter’s presidency, Richard Nixon signed new environmental laws including establishing the Environmental Protection Agency in 1970, Clean Air Act of 1970 and Clean Water Act of 1972, among others passed by Congress.
Given his background as a nuclear engineer in the Navy, President Carter uniquely focused on the science of pollution and the emerging concerns over carbon dioxide pollution and global warming. During his four years as President, Carter acted on recommendations of the White House Council on Environmental Quality. Of note today, CEQ in its Global 2000 report warned of “widespread and pervasive changes in global, climatic, economic, social and agricultural patterns” due to continued reliance on fossil fuels. The report also proposed limiting global average temperature to 2°C above preindustrial levels. Some 38 years later, that standard was adopted by the nations of the world in the Paris Accords under the Obama administration.
Before President Carter completed his four-year term in January1981, Congress had enacted many of his environmental proposals, including The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to address disposal of hazardous waste and materials. Under Carter, Congress also enacted legislation raising vehicle fuel efficiency standards and addressing nuclear power safety in the aftermath of Three Mile Island. In addition, his legislative initiatives doubled the size of the national parks system and protected wilderness areas.
Carter’s successor, Ronald Reagan, while removing solar panels installed on the roof of the White House under Carter, signed The International Montreal Protocol to address the growing hole in the earth’s ozone layer. His EPA Administrator reduced funding of EPA programs addressing hazardous waste dumps and enforcement of environmental pollution prevention laws.
Recent Administrations
President Donald Trump, in his first term beginning in 2017, rolled back over 100 of the environmental regulations and policies of his predecessors, including relaxing controls.
President Joe Biden, in his one term in office, enacted the 2021 Infrastructure, Investment and Jobs Act, which included initiatives to address drinking water contamination and replace lead pipes, along with $550 million to support these and other initiatives in the bill to improve roads, bridges and more.
What Environmental Policies to Expect From New Administration?
With Trump’s second term coming at the end of January 2025, what should our world of regulated industries, legal practitioners and environmental advocates expect? Former New York Congressman from Long Island, Lee Zeldin, was announced as the next EPA Administrator, subject to Senate confirmation. Zeldin’s background shows support for clean water and offshore wind power. Since his nomination, Zeldin has professed his commitment to achieving U.S. energy dominance by developing more gas and oil.
As a repeat candidate, Trump promoted increased petroleum production. To the extent it has value as a prediction of future policy decisions, the Project 2025 section on the EPA stresses federal deference to and cooperation with local and state regulatory efforts over a mandated focused national approach to environmental protection. The 31-page environmental section highlights initiatives in every aspect of EPA’s operations with impactful recommendations.
A recent article in Forbes identifies potential actors in the new administration who may influence the direction of the environmental protection, such as Elon Musk and Robert F. Kennedy Jr. Their impact on President Trump’s environmental policy may largely be focused on balancing impacts, particularly on public health of any reforms on emerging new industries, such as electric vehicles and high-speed rail. While decarbonization of energy with renewable generation may continue, further progress will come from individual states.
Conclusion
The direction and impact of the approaching Trump administration on environmental and climate initiatives is not yet clear. However, it is clear that changes to those initiatives will need to be closely monitored by those responsible for compliance and forward-looking planning. It will be critical that we watch for, monitor and respond to those initiatives, as they could change swiftly over the next two years. Identifying impacts to private and public clients and their projects will be critical to moderating the impacts of any environment policy and regulatory changes and to avoiding unintended consequences with significant impacts to our clients and their projects.
