Regulation Database – White House

Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis

On January 20, 2021, shortly after taking office, President Biden signed an executive order titled Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.

Section 1 of the executive order provides that it is the Biden Administration's policy to "listen to the science; to improve public health and protect our environment; to ensure access to clean air and water; to limit exposure to dangerous chemicals and pesticides; to hold polluters accountable, including those who disproportionately harm communities of color and low-income communities; to reduce greenhouse gas emissions; to bolster resilience to the impacts of climate change; to restore and expand our national treasures and monuments; and to prioritize both environmental justice and the creation of the well-paying union jobs necessary to deliver on these goals."

The administration also issued a list of actions that relevant agency heads should consider suspending, revising, or rescinding to further the policy priorities articulated in Section 1. The list includes the outgoing administration's rollback of the clean car standards, actions to weaken energy efficiency standards, and the decision to permit logging in the Tongass National Forest, among many others that are included in the Climate Deregulation Tracker.

The executive order also immediately revokes or rescinds the following actions by the Trump Administration:

• March 29, 2019 presidential permit for the Keystone XL Pipeline

• Executive Order 13766 of January 24, 2017 (Expediting Environmental Reviews and Approvals For High Priority Infrastructure Projects)

• Executive Order 13783 of March 28, 2017 (Promoting Energy Independence and Economic Growth)

• Executive Order 13792 of April 26, 2017 (Review of Designations Under the Antiquities Act)

• Executive Order 13795 of April 28, 2017 (Implementing an America-First Offshore Energy Strategy)

• Executive Order 13868 of April 10, 2019 (Promoting Energy Infrastructure and Economic Growth)

• Executive Order 13927 of June 4, 2020 (Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities)

• Executive Order 13834 of May 17, 2018 (Efficient Federal Operations)

• Executive Order 13807 of August 15, 2017 (Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects)

• Proclamation 9681 of December 4, 2017 (Modifying the Bears Ears National Monument)

• Proclamation 9682 of December 4, 2017 (Modifying the Grand Staircase-Escalante National Monument

Litigation: On February 11, 2022, the Western Louisiana District Court preliminarily enjoined the federal government from implementing the executive order's provisions concerning the "social cost of greenhouse gases." After the Fifth Circuit stayed the preliminary injunction, the plaintiff states petitioned the Supreme Court to vacate the stay, which the Court denied on May 26, 2022. The case is ongoing. 

Executive Order on Tackling the Climate Crisis at Home and Abroad

On January 27, 2021, President Biden signed the Executive Order on Tackling the Climate Crisis at Home and Abroad. The executive order signals that climate change will be a priority in policy making across the federal government, establishes a number of new offices, and instructs agency heads to take steps towards developing climate policies.

In the realm of foreign policy, the executive order builds on the creation of a Special Presidential Envoy for Climate by declaring, among other things, that President Biden will host an early Leaders' Climate Summit aimed at raising ambition ahead of the 26th UN Climate Change Conference of the Parties, that the United States will immediately begin the process of developing its nationally determined contribution under the Paris Agreement, and that the United States will immediately begin to develop a climate finance plan.

With respect to domestic policy, the executive order establishes a new White House Office of Domestic Climate Policy, National Climate Task Force, Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization, a White House Environmental Justice Interagency Council, and a White House Environmental Justice Advisory Council (within EPA). Among other things, the executive order also instructs the Secretary of the Interior to seek to increase renewable energy production on federal lands and offshore waters, pause new oil and natural gas leases on public lands and offshore waters to the extent possible, and develop a plan to create a Civilian Climate Corps Initiative; and directs the EPA to strengthen civil rights protections and create a community notification program to monitor environmental pollution.

The executive order further instructed federal agencies to submit climate adaptation and resilience plans. Pursuant to the executive order, twenty-three federal agencies released plans detailing how they will adapt to climate change and increase resilience to climate change impacts. The plans include a variety of resiliency and adaptation 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 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.

Executive Order on Establishing President's Council of Advisors on Science and Technology

On January 27, 2021, President Biden signed an Executive Order on Establishing President's Council of Advisors on Science and Technology, reestablishing a council that had been disbanded under the previous administration. The council will advise President Biden on policy that affects science, technology, and innovation.

Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking

On January 27, 2021, President Biden signed a Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking, which reaffirms scientific integrity policies and seeks to ensure that policy is informed by science, and that science is not distorted by politics. The memorandum directs the Director of the Office of Science and Technology Policy to convene an interagency task force to conduct a thorough review of the effectiveness of agency scientific integrity policies, and report on a biennial basis on scientific integrity policies.

American's Supply Chains

On February 24, 2021, President Biden signed an executive order titled "American's Supply Chains," calling for a review of the state of domestic supplies of batteries, key battery minerals and other equipment used in electric cars, in addition to minerals used in wind turbines and other renewable energy facilities.

International Commitments

On April 22, 2021, President Biden convened an international Leaders Summit on Climate and announced that the United States would aim to reduce greenhouse gas emissions 50-52% by 2030 as part of its Nationally Determined Contribution to the Paris Agreement climate goals. The administration also released a Climate Finance Plan to double climate finance to developing countries by 2024 and triple adaptation finance by the same year.

Executive Order on Climate-Related Financial Risk

On May 20, 2021, the president signed an Executive Order on Climate-Related Financial Risk. The order directs the Director of the National Economic Council and the National Climate Advisor to develop, within 120 days, a government-wide strategy on measuring, assessing mitigating and disclosing climate-related financial risks to government programs; financing needs associated with achieving net-zero greenhouse gas emissions by 2050; and areas in which private and public investments can complement each other to meet those needs. The order also directs the Treasury Secretary, as the Chair of the Financial Stability Oversight Council, to work with Council members to issue a report within 180 days on efforts to integrate consideration of climate-related financial risk into the policies and programs of the agencies that sit on the Council. The order further directs the Labor Secretary to report within 180 days on efforts to protect life savings and pensions from climate-related financial risks, and launches efforts to incorporate climate-risk considerations into federal lending, underwriting, and procurement. Finally, the order reinstates Executive Order 13690: Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input (discussed below).

On October 14, 2021, the White House published a new report, titled A Roadmap to Build a Climate Resilient Economy, which details the administration’s climate risk accountability framework and its implementation strategy to address climate-related financial risk across all federal agencies. The report covers the administration’s government-wide strategy for measuring, disclosing, managing, and mitigating the risks that climate change poses to individuals, businesses, and the economy at large. The report focuses on the six lines of work outlined in President Biden’s Executive Order 14030 (“Climate-Related Financial Risk”):

• Promoting the resilience of the U.S. financial system to climate-related financial risks;
• Incorporating climate-related financial risk into Federal financial management;
• Using Federal procurement to address climate-related financial risk;
• Protecting life savings and pensions from climate-related financial risk;
• Incorporating climate-related financial risk into Federal lending and underwriting; and
• Building resilient infrastructure and communities.

Executive Order on Strengthening American Leadership in Clean Cars and Trucks

On August 5, 2021, the White House issued an Executive Order on Strengthening American Leadership in Clean Cars and Trucks setting a goal that 50 percent of all new passenger cars and light trucks sold in 2030 be zero-emission vehicles. The Executive Order directs the Environmental Protection Agency and National Highway Traffic Safety Administration to begin rule making processes for motor vehicle emission and corporate average fuel economy standards consistent with that goal; and to consider issuing standards for heavy-duty vehicles for model year 2030 as well.

Aviation Climate Action Plan

On September 9, 2021, the White House announced a government-wide effort to cut aviation emissions by 20% by 2030. The White House’s announcement lists past and future actions by the Department of Energy, Department of Transportation, Department of Agriculture, Environmental Protection Agency, Federal Aviation Administration, Department of Defense, and National Aeronautics and Space Administration, all working towards this goal. Key actions include the launching of a Sustainable Aviation Fuel Grand Challenge among DOE, DOT, and USDA to increase the production of sustainable aviation fuels; collaboration between NASA and the FAA to accelerate technology maturation through the Sustainable Flight National Partnership; and the funding of research and development across numerous agencies. The Biden Administration also plans to release an aviation climate action plan in the coming months.

Executive Order Directing Implementation of the Infrastructure Investment and Jobs Act

On November 18, 2021, President Biden signed Executive Order 14052 ("Implementation of the Infrastructure Investment and Jobs Act"). EO 14052 contains implementation priorities for the Infrastructure Investment and Jobs Act, several of which are relevant to climate resilience and environmental justice:

• "investing public dollars equitably, including through the Justice40 Initiative, which is a Government-wide effort toward a goal that 40 percent of the overall benefits from Federal investments in climate and clean energy flow to disadvantaged communities"

• "building infrastructure that is resilient and that helps combat the crisis of climate change."

EO 14052 also creates an Infrastructure Implementation Task Force to coordinate effective implementation of the Infrastructure Investment and Jobs Act and other related significant infrastructure programs within the executive branch.

Executive Order on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability

On December 8, 2021, President Biden signed his “Executive Order on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability,” directing the federal government to use its procurement power to limit greenhouse gas emissions. The executive order focuses on five primary goals:

“• 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;

• 100 percent zero-emission vehicle (ZEV) acquisitions by 2035, including 100 percent zero-emission light-duty vehicle acquisitions by 2027;

• Net-zero emissions from federal procurement no later than 2050, including a Buy Clean policy to promote use of construction materials with lower embodied emissions;

• A net-zero emissions building portfolio by 2045, including a 50 percent emissions reduction by 2032; and

• Net-zero emissions from overall federal operations by 2050, including a 65 percent emissions reduction by 2030.”

The executive order directs the heads of principal agencies to develop and implement annual Sustainability Plans, based on annual guidance provided by the Council on Environmental Quality (CEQ). It also establishes an Office of the Federal Chief Sustainability Officer within CEQ.

Memorandum on Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as amended

On March 31, 2022, President Biden signed a memorandum under the Defense Production Act directing the Secretary of Defense to expand domestic production of various materials--such as lithium, nickel, cobalt, graphite, and manganese--required for the development of clean energy technology.

Executive Order on Strengthening the Nation’s Forests, Communities, and Local Economies

On April 22, 2022, President Biden signed an “Executive Order on Strengthening the Nation’s Forests, Communities, and Local Economies.” The executive order includes measures to enhance the climate resiliency of the nation’s forests, including through reforestation efforts. The executive order also directs federal agencies to study ways that nature-based solutions could be deployed to tackle climate change.

Permitting Action Plan to Rebuild America’s Infrastructure, Accelerate the Clean Energy Transition, Revitalize Communities, and Create Jobs

On May 11, 2022, the White House published a “Permitting Action Plan to Rebuild America’s Infrastructure, Accelerate the Clean Energy Transition, Revitalize Communities, and Create Jobs.” The plan centers on five key elements to strengthen federal environmental review and permitting:

(1) accelerating permitting through early cross-agency coordination to appropriately scope reviews, reduce bottlenecks, and use the expertise of sector-specific teams;

(2) establishing clear timeline goals and tracking key project information to improve transparency and accountability, providing increased certainty for project sponsors and the public;

(3) engaging in early and meaningful outreach and communication with Tribal Nations, States, territories, and local communities;

(4) improving agency responsiveness, technical assistance, and support to navigate the environmental review and permitting process effectively and efficiently; and

(5) adequately resourcing agencies and using the environmental review process to improve environmental and community outcomes.

Several of these elements contain climate-specific actions. To help encourage cross-agency coordination, the White House has convened sector-specific teams of efforts for issues related to offshore wind energy and transmission, onshore renewable energy and transmission, production and processing of critical minerals, transportation, and climate-smart infrastructure. Furthermore, to help federal agencies conduct consistent environmental reviews, the action plan provides that the Council on Environmental Quality will establish clear and consistent standards for assessing the climate change impacts of projects.

• Council of Economic Advisers
• Office of Management and Budget
• Office of Science and Technology Policy
• Office of Intergovernmental Affairs