E&E News: How Biden can prevent climate action from failing in court

November 17, 2020

President-elect Joe Biden may have to get creative if he wants his climate policies to survive — or avoid — scrutiny by a federal court system brimming with more than 200 Trump-appointed judges.

The incoming administration is widely expected to unravel four years' worth of Trump-era climate rollbacks in an effort to help the United States regain its footing in the fight against rising global temperatures.

But legal experts say much of Biden's climate action would get bogged down in courtroom brawls, especially if the administration leans heavily on federal agencies to undo Trump rules and replace them with new regulations (Climatewire, Oct. 23).

Some climate advocates worry that there isn't enough time to let actions to slash greenhouse gas emissions work their way through the courts.

"It is one of the frustrating things about our process — it is a democracy," said Georgetown Climate Center Executive Director Vicki Arroyo. "This is really the best we can do when you've got people turning over."

Read the full article by Jennifer Hijazi in E&E News