Federal environmental policies are likely to undergo significant changes at DOJ and EPA under the Biden administration, including alteration of many Trump administration enforcement policies. Since many of these existing policies are not regulations, it likely will not be difficult for the incoming administration to reverse or alter them. For policies that have been adopted as regulations, any attempt to alter them will have to be done using the Administrative Procedures Act (APA). For policies that have been issued as guidance or internal agency requirements, they can be altered with the stroke of a pen. Discussed below are some of the environmental enforcement-related policy changes that can be anticipated from the Biden administration.
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