Department of Defense

On April 22, 2024, DOD, the General Services Administration (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)

Federal Acquisition Regulation: Sustainable Procurement

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.

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.

On September 5, 2024, the DoD updated its climate adaptation plan to provide a roadmap for the period 2024 through 2027. The 2024-2027 Climate Adaptation Plan identifies five lines of effort:

1. Climate-informed Decision-making
2. Train and Equip a Climate-Informed Workforce
3. Resilient Built and Natural Infrastructure
4. Supply Chain Resilience and Innovation
5. Enhance Adaptation and Resilience through Collaboration

Biden Administration (2021-2025)

Department of Defense Climate Adaptation Plan: 2024-2027

On September 5, 2024, the DoD updated its climate adaptation plan to provide a roadmap for the period 2024 through 2027. The 2024-2027 Climate Adaptation Plan identifies five lines of effort:

1. Climate-informed Decision-making
2. Train and Equip a Climate-Informed Workforce
3. Resilient Built and Natural Infrastructure
4. Supply Chain Resilience and Innovation
5. Enhance Adaptation and Resilience through Collaboration

Department of Defense Climate Adaptation Plan

On October 7, 2021, twenty-three federal agencies, including the DoD, released plans detailing steps they will take to increase resilience to climate change impacts.The plans include a variety of resiliency measures, including steps to develop a more resilient supply change, to enhance protections for workers and communities, and to increase climate literacy and leadership within Federal agencies. The climate adaptation and resilience plans were previously 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. President Biden mandated these plans in his January 27, 2021 Executive Order on Tackling the Climate Crisis at Home and Abroad.

Department of Defense Climate Adaptation Plan (Sept. 1, 2021)

In October 2021, the DoD released its 2021 Climate Risk Analysis. The analysis discusses the security implications of climate change, reviews DoD’s climate policy and responsibilities, outlines how DoD will incorporate climate consideration into its strategies, planning, and processes, and summarizes interagency actions being taken to support future climate risk analyses.

Biden Administration (2021-2025)

DOD Climate Risk Analysis

In October 2021, the DoD released its 2021 Climate Risk Analysis. The analysis discusses the security implications of climate change, reviews DoD’s climate policy and responsibilities, outlines how DoD will incorporate climate consideration into its strategies, planning, and processes, and summarizes interagency actions being taken to support future climate risk analyses.

In July 2023, the U.S. Air Force published its Climate Campaign Plan to implement its 2022 Climate Action Plan. The Climate Campaign Plan  “assigns activities, offices of primary responsibility, and timelines” toward the Air Force’s overall goal: to be “resilient to the effects of climate change and preserve[] a combat-credible force that can compete, deter, and win against pacing threats.” To address “the challenges and risks presented by climate change[,]” the plan is organized around objectives that execute the three climate priorities outlined in the 2022 Climate Action Plan.

Biden Administration (2021-2027)

Air Force Climate Campaign Plan (2023)

In July 2023, the U.S. Air Force published its Climate Campaign Plan to implement its 2022 Climate Action Plan. The Climate Campaign Plan  “assigns activities, offices of primary responsibility, and timelines” toward the Air Force’s overall goal: to be “resilient to the effects of climate change and preserve[] a combat-credible force that can compete, deter, and win against pacing threats.” To address “the challenges and risks presented by climate change[,]” the plan is organized around objectives that execute the three climate priorities outlined in the 2022 Climate Action Plan. 

Air Force 2022 Climate Action Plan

In October 2022, the U.S. Air Force released its Climate Action Plan, outlining three major priorities to “ensure the Department of the Air Force maintains the ability to operate under a changing climate, preserves operational capability, protects our systems, and contributes toward enhancing climate change mitigation:” (1) maintain air and space dominance in the face of climate risks; (2) make climate informed decision; and (3) optimize energy use and pursue alternative energy sources. 

Navy Climate Action 2030 Plan

In May 2022, the U.S. Navy and Marine Corps released its climate strategy, Climate Action 2030, establishing two performance goals the Navy must achieve “to build a climate-ready force . . . (1) Build Climate Resilience. Ensure that our forces, systems, and facilities can continue to operate effectively and achieve the mission in the face of changing climate conditions, and worsening climate impacts[;] 2. Reduce Climate Threat. The Department must reduce its greenhouse gas emissions and draw greenhouse gases out of the atmosphere, stabilize ecosystems, and achieve, as an enterprise, the nation’s commitment to net-zero emissions by 2050.” More specifically, the Navy’s plan commits to making progress toward the provisions of Executive Order 14057, including: “[a]chieving a 65 percent reduction in scope 1 and 2 greenhouse gas emissions department-wide by 2030 (measured from a 2008 baseline)[; a]chieving 100 percent carbon pollution-free electricity (CFE) by 2030, at least half of which will be locally supplied clean energy to meet 24/7 demand[; a]cquiring 100 percent zero-emission vehicles by 2035, including 100 percent zero-emission light-duty vehicle acquisitions by 2027[; a]chieving a 50 percent reduction in emissions from buildings by 2032[; and a]nnually diverting at least 50 percent of non-hazardous solid waste from landfills, including food and compostable materials, and construction and demolition waste and debris by 2025[.]”

Army 2022 Climate Strategy

In February 2022, the United States Army published its climate strategy outlining three key climate change-related goals: (1) achieve a 50% reduction in Army net greenhouse gas pollution by 2030; (2) attain net-zero Army greenhouse gas emissions by 2050; and (3) proactively consider the security implications of climate change in strategy, planning, acquisition, supply chain, and programming documents and processes. The strategy also identifies three “lines of effort” to advance these goals: (1) “[i]nstallations will enhance resilience and sustainability by adapting infrastructure and natural environments to climate change risks, securing access to training and testing lands into the future, and mitigating [greenhouse gas] emissions;” (2) “[a]cquisition and [l]ogistics will increase operational capability while reducing sustainment demand and strengthening climate resilience;” and (3) “[t]raining will prepare a force that is ready to operate in a climate-altered world.”