General Services Administration
Note: On January 20, 2025, President Trump issued a memorandum instituting a regulatory freeze, preventing agencies from issuing proposals or rules pending review by Trump-appointed agency heads. On January 31, 2025, President Trump issued Executive Order 14192, directing agencies to identify 10 existing regulations to eliminate for each new regulation they promulgate.
Climate Change Risk Management Plan
On January 27, 2021, President Biden signed Executive Order 14008 (Tackling the Climate Crisis at Home and Abroad). This executive order signaled that climate change would be a priority in policy-making across the federal government, established a number of new offices, and instructed agency heads to take steps toward developing climate policies. Section 211 of the Executive Order directed each agency to develop a draft action plan that describes steps the agency can take with regard to its facilities and operations to bolster adaptation and increase resilience to the impacts of climate change.
On June 26, 2024, the General Services Administration (“GSA”) released its 2024-2027 Climate Change Risk Management Plan, which describes steps GSA will take to develop a robust and resilient capacity to manage climate change risks and secure federal real property and supply chain investments.
Biden Administration (2021-2025)
Strategy Document - 2024-2027 Climate Change Risk Management Plan
On June 26, 2024, GSA released its 2024-2027 Climate Change Risk Management Plan. The plan summarizes GSA’s exposure to climate change risk, and its approach, accomplishments, plans, actions, and coordination activities to evaluate the agency’s climate change risks and vulnerabilities to manage both the short- and long-term effects of climate change on the agency’s mission and operations.
Prior to publication, in September 2021 this plan was submitted to and reviewed by the National Climate Task Force, White House Council on Environmental Quality’s Federal Chief Sustainability Officer, and the Office of Management and Budget.
Climate Considerations in Facilities Siting
The General Services Administration (“GSA”) is authorized to acquire and manage property on behalf of the federal government (see, e.g., 40 U.S.C. § 581).
On January 27, 2021, President Biden signed Executive Order 14008 (Tackling the Climate Crisis at Home and Abroad). This executive order signaled that climate change would be a priority in policy-making across the federal government. Among other directives, EO 14008 directs agencies to reduce climate pollution and increase resilience to the impacts of climate change, and seek environmental justice and spur economic opportunity for disadvantaged communities that have been historically marginalized and overburdened by pollution and underinvestment in housing, transportation, water and wastewater infrastructure, and health care.
On April 22, 2024, GSA finalized amendments to the Federal Management Regulation (FMR) to elaborate on factors to be considered when planning for the location of federal facilities. (89 Fed. Reg. 29261, Apr. 22, 2024).
Biden Administration (2021-2025)
Federal Management Regulation; Designation of Authority and Sustainable Siting
On April 22, 2024, GSA finalized amendments to the Federal Management Regulation (FMR) to elaborate on factors to be considered when planning for the location of federal facilities. (89 Fed. Reg. 29261, Apr. 22, 2024). As revised, this amended regulation requires federal agencies assessing the location for new facilities to “consider a series of factors meant to promote Federal investment that supports larger Federal program goals and local development objectives,” including:
- “Promoting environmentally sustainable development, reduced greenhouse gas emissions, increased resilience to the impacts of climate change, and stewardship of regional natural resources”; and
- “Fostering protection of the natural environment by preserving ecosystems, including native ecosystems, avoiding development of green space, and promoting climate change adaptation planning.”
This regulation was initially proposed on October 24, 2023. (88 Fed. Reg. 72974, Oct. 24, 2023)
- Final Rule (89 Fed. Reg. 29261, Apr. 22, 2024)
- Proposed Rule (88 Fed. Reg. 72974, Oct. 24, 2023)
First Trump Administration (2017-2021)
N/A
Sustainable Procurement Standards
The Federal Acquisition Regulation (FAR) is the primary regulation for use by all executive agencies in their acquisition of supplies and services with appropriated funds. It is issued jointly by the General Services Administration (GSA), the National Aeronautics and Space Administration (NASA), and the Department of Defense (DOD). Promulgation of the FAR by GSA is authorized by 40 U.S.C. 121.
On December 8, 2021, the President signed Executive Order 14057 (Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability). Section 208(a) directs agencies to reduce emissions, promote environmental stewardship, support resilient supply chains, drive innovation, and incentivize markets for sustainable products and services by purchasing sustainable products and services in accordance with relevant statutory requirements, and, to the maximum extent practicable, as identified or recommended by the Environmental Protection Agency.
On April 22, 2024, the Department of Defense (DOD), GSA, and the National Aeronautics and Space Administration (NASA) finalized a joint rule amending the Federal Acquisition Regulation (FAR). (89 Fed. Reg. 30212, Apr. 22, 2024). The final rule restructures and updates the FAR regulations to focus on current environmental and sustainability matters, and requires agencies to procure sustainable products and services to the maximum extent practicable.
Biden Administration (2021-2025)
On April 22, 2024, the Department of Defense (DOD), GSA, and the National Aeronautics and Space Administration (NASA) finalized a joint rule amending the Federal Acquisition Regulation (FAR). (89 Fed. Reg. 30212, Apr. 22, 2024). The final rule restructures and updates the FAR regulations to focus on current environmental and sustainability matters, and requires agencies to procure sustainable products and services to the maximum extent practicable.
- Final Rule (89 Fed. Reg. 30212, Apr. 22, 2024)
- Proposed Rule (88 Fed. Reg. 51672, Aug. 3, 2023)
First Trump Administration (2017-2021)
Executive Order Terminating Regulatory Process around Sustainable Procurement
On May 17, 2018, President Trump signed Executive Order 13834 (Efficient Federal Operations). This order revoked President Obama’s Executive Order 13693 (Planning for Federal Sustainability in the Next Decade), which set a goal of cutting the federal government’s greenhouse gas emissions by forty percent over ten years and required federal agencies to develop plans for reducing their emissions and periodically report on their progress.
EO 13834 instead required federal agencies to comply with statutory requirements related to energy and environmental performance “in a manner that increases efficiency, optimizes performance, eliminates unnecessary use of resources, and protects the environment.” Under the order, agencies are directed to “prioritize actions that reduce waste, cut costs, [and] enhance the resilience of Federal infrastructure and operations.”
Obama Administration (2009-2017)
Proposed Rule on Sustainable Procurement
On January 18, 2017, the DOD, the GSA, and NASA issued a notice of proposed rulemaking designed to implement Executive Order 13693 (Planning for Federal Sustainability in the Next Decade) (82 Fed. Reg 5490, Jan. 18, 2017). The proposed rule outlined changes to the methodologies used to assess the sustainability of federal procurement.
On May 16, 2016, the DoD, GSA, and NASA issued a final rule amending the FAR to implement President Obama’s Executive Order 13693, which required executive agencies to procure, when feasible, alternatives to high global warming potential hydrofluorocarbons. (81 Fed. Reg. 30429, May 16, 2016).
Executive Order on Planning for Federal Sustainability in the Next Decade
On March 19, 2015, President Obama signed Executive Order 13693 (Planning for Federal Sustainability in the Next Decade). EO 13693 established a policy of cutting the federal government’s direct greenhouse gas emissions by forty percent over ten years, with accompanying emission reduction plans from major federal suppliers.
Supply Chain Climate Risk Management
Agencies are required by the Federal Managers Financial Integrity Act (31 USC §3512(c)(1)(B)) to establish administrative controls to reasonably assure that all assets are safeguarded against waste, loss, unauthorized use and misappropriation.
On May 20, 2021, President Biden signed Executive Order 14030 (Climate-Related Financial Risk). EO 14030 recognizes that the intensifying impacts of climate change present a set of growing risks to financial assets, companies, communities, and workers, including to the assets, operations, and financial assets of the federal government.
On June 21, 2022, GSA announced the creation of the GSA Acquisition Policy Federal Advisory Committee. (87 Fed. Reg. 36859, June 21, 2022). The Committee was initially tasked with driving regulatory, policy, and process changes required to embed climate and sustainability considerations in Federal acquisition.
Biden Administration (2021-2025)
Establishment of GSA Acquisition Policy Federal Advisory Committee
On June 21, 2022, GSA announced the creation of the GSA Acquisition Policy Federal Advisory Committee. (87 Fed. Reg. 36859, June 21, 2022). The Committee was initially tasked with driving regulatory, policy, and process changes required to embed climate and sustainability considerations in Federal acquisition.
Proposed Federal Acquisition Regulation: Minimizing the Risk of Climate Change in Federal Acquisitions
On October 15, 2021, the Department of Defense (DOD), GSA, and the National Aeronautics and Space Administration (NASA) issued a joint proposed rule to ensure that major Federal agency procurements minimize the risk of climate change. (86 Fed. Reg. 57404, Oct. 15, 2021). In particular, DOD, NASA, and GSA proposed amending the FAR to ensure that major Federal agency procurements minimize the risk of climate change, including requiring the social cost of greenhouse gas emissions to be considered in procurement decisions and, where appropriate and feasible, giving preference to bids and proposals from suppliers with a lower social cost of greenhouse gas emissions.
Framework for Managing Climate Risks to Federal Agency Supply Chains
In 2021, GSA developed the GSA Framework for Managing Climate Change Risks to Federal Agency Supply Chains to provide guidance to Federal agencies ready to assess climate or weather-related risks to supply chains and develop plans to minimize those risks. GSA’s intent, in issuing this framework, was “to provide guidance for Federal agency offices or staff in managing supply chain risk at the contract-level, rather than the GSA master contract-level.”
First Trump Administration (2017-2021)
N/A
Supply Chain GHG Disclosure Requirements
The Federal Acquisition Regulation (FAR) is the primary regulation for use by all executive agencies in their acquisition of supplies and services with appropriated funds. It is issued jointly by the General Services Administration (GSA), the National Aeronautics and Space Administration (NASA), and the Department of Defense (DOD). Promulgation of the FAR by GSA is authorized by 40 U.S.C. 121.
On December 8, 2021, the President signed Executive Order 14057 (Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability). Section 208(a) directs agencies to reduce emissions, promote environmental stewardship, support resilient supply chains, drive innovation, and incentivize markets for sustainable products and services by purchasing sustainable products and services in accordance with relevant statutory requirements, and, to the maximum extent practicable, as identified or recommended by the Environmental Protection Agency.
On January 13, 2025, DOD, GSA, and NASA withdrew a proposed rulemaking that would have required certain “major Federal suppliers” to disclose their greenhouse gas emissions and climate-related financial risk, and set science-based targets to reduce their greenhouse gas (GHG) emissions. (90 Fed. Reg. 2663, Jan. 13, 2025).
Biden Administration (2021-2025)
Federal Acquisition Regulation: Disclosure of Greenhouse Gas Emissions and Climate-Related Financial Risk
On January 13, 2025, DOD, GSA, and NASA withdrew a proposed rulemaking that would have required certain “major Federal suppliers” to disclose their greenhouse gas emissions and climate-related financial risk, and set science-based targets to reduce their greenhouse gas (GHG) emissions. (90 Fed. Reg. 2663, Jan. 13, 2025). The agencies explained this withdrawal by noting that “[t]he agencies lack sufficient time during the Biden-Harris Administration to finalize the proposal,” and claimed that “the agencies’ analysis of public comments indicate[d] an evolving practices and standards in industry, and an evolving domestic and international regulatory landscape” that burdened regulation.
This rule was initially proposed by DOD, GSA, and NASA on November 14, 2022. (87 Fed. Reg. 68312, Nov. 11, 2022). As proposed, this rule would have separated “major Federal suppliers” into two categories:
- "Significant contractors," who received between $7.5 and $50 million in Federal contract obligations in the previous year, and
- "Major contractors," who received more than $50 million in Federal contract obligations in the previous year.
Per this proposed rule, both significant contractors and major contractors would have been subject to annual Scope 1 and Scope 2 GHG emissions disclosure requirements. Major contractors would also be subject to the annual climate disclosure, which includes disclosure of Scope 3 GHG emissions, and science-based target requirements.
- Withdrawal of Rule (90 Fed. Reg. 2663, Jan. 13, 2025)
- Proposed Rule (87 Fed. Reg. 68312, Nov. 11, 2022)
First Trump Administration (2017-2021)
N/A
Obama Administration (2009-2017)
Federal Acquisition Regulation; Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation
On November 18, 2016, DoD, GSA, and NASA issued a final rule amending the FAR to require certain large federal suppliers to disclose whether they have publicly disclosed their greenhouse gas (GHG) emissions or GHG reduction goals or targets. (81 Fed. Reg. 83092, Nov. 18, 2016). This regulation applies to federal contractors who received $7.5 million or more in contract awards during the prior Federal fiscal year, and is voluntary for other federal contractors. This information was intended to assist agencies in developing strategies to engage with offerors to reduce supply chain emissions, to comply with Executive Order 13693 (Planning for Federal Sustainability in the Next Decade).
- Final Rule (81 Fed. Reg. 83092, Nov. 18, 2016)
- Proposed Rule (81 Fed. Reg. 33192, May 25, 2016)
Executive Order on Planning for Federal Sustainability in the Next Decade
On March 19, 2015, President Obama signed Executive Order 13693 (Planning for Federal Sustainability in the Next Decade). EO 13693 established a policy of cutting the federal government’s direct greenhouse gas emissions by forty percent over ten years, with accompanying emission reduction plans from major federal suppliers.