Executive Order 13990, officially titled Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis[1] is an executive order signed by President Joe Biden on January 20, 2021, which implements various environmental policies of his administration including revoking the permit for the Keystone XL Pipeline[2] and temporarily prohibiting drilling in the arctic refuge.[3]
| Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis | |
 | |
 President Biden signs a series of Executive Orders amongst which was order 13990 shortly after his inauguration on January 20th, 2021. | |
| Type | Executive order |
|---|---|
| Executive Order number | 13990 |
| Signed by | Joe Biden on January 20, 2021 |
| Federal Register details | |
| Federal Register document number | 2021-01765 |
| Publication date | 20 January 2021 |
| Summary | |
| Implements various environmental policies including the revocation of the permit for the Keystone Pipeline and temporarily prohibits drilling in the arctic refuge. | |
Provisions
editExecutive Order 13990 includes several provisions designed to reverse actions taken by the previous administration and recommit the United States to combating climate change. Key provisions of the order include:
- Rejoining the Paris Agreement on climate change.[4]
- Directing federal agencies to review and, if necessary, revise or suspend regulations and policies that may hinder environmental protection or public health.[5]
- Establishing a review process to identify actions that may disproportionately affect disadvantaged communities.[6]
- Directing federal agencies to ensure that their actions are based on the best available science and data.[7]
- Revoking the permit for the Keystone XL pipeline.[8]
- Placing a temporary moratorium on oil and gas leasing in the Arctic National Wildlife Refuge[9]
The order was one of fifteen signed during the first day of the Biden administration.[10]
Reactions
editClimate experts like Rachel Cleetus and Jonna Hamilton praised the order. [11]
Many politicians from the Republican Party criticized the order.[12]
Litigation
editLouisiana v. Biden (2022)
editOn February 11, 2022, Western Louisiana U.S. District Court Judge James D. Cain Jr. issued a preliminary injunction in Louisiana v. Biden (2022) in favor of the plaintiffs to block federal agency requirements to assess the social costs of greenhouse gas emissions in regulatory actions under the order.[13] On March 16, the U.S. 5th Circuit Court of Appeals stayed the decision following an appeal by the U.S. Justice Department,[14] and on May 26, the U.S. Supreme Court issued an order without comment or opposition dismissing an appeal filed by the plaintiffs to vacate the 5th Circuit Court of Appeals decision.[15][16][17]
Missouri v. Biden (2022)
editOn August 31, 2021, Eastern Missouri U.S. District Court Judge Audrey G. Fleissig issued an order dismissing a request filed by the plaintiffs in Missouri v. Biden (2022) for a preliminary injunction to block federal agency requirements to assess the social costs of greenhouse gas emissions in regulatory actions under the order.[18] On September 3, the plaintiffs filed an appeal with the U.S. 8th Circuit Court of Appeals.[19] Oral arguments were held on June 16, 2022.[20][21]
See also
editReferences
edit- ^ "Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis". Federal Register. 2021-01-25. Retrieved 2021-02-21.
- ^ "Keystone XL pipeline halted as Biden revokes permit". AP NEWS. 2021-01-20. Retrieved 2021-02-21.
- ^ "Biden plans temporary halt of oil activity in Arctic refuge". AP NEWS. 2021-01-20. Retrieved 2021-02-21.
- ^ "Executive Order on Rejoining the Paris Agreement". The White House. Retrieved 2023-05-04.
- ^ "Fact Sheet: List of Agency Actions for Review". The White House. 20 January 2021. Retrieved 2023-05-04.
- ^ "Fact Sheet: President Biden Takes Executive Actions to Tackle the Climate Crisis at Home and Abroad, Create Jobs, and Restore Scientific Integrity Across Federal Government". The White House. 27 January 2021. Retrieved 2023-05-04.
- ^ "Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking". The White House. 27 January 2021. Retrieved 2023-05-04.
- ^ "Executive Order 13990: Section 6". Federal Register. Retrieved 2023-05-04.
- ^ "Executive Order 13990: Section 7". Federal Register. Retrieved 2023-05-04.
- ^ "Biden signs executive actions on COVID, climate change, immigration and more". www.cbsnews.com. 21 January 2021. Retrieved 2021-02-21.
- ^ "Consequential Biden Actions Nobody Is Talking About". EcoWatch. 25 January 2021.
- ^ Davenport, Coral (2015-01-08). "Experts Say That Battle on Keystone Pipeline Is Over Politics, Not Facts". The New York Times. ISSN 0362-4331. Retrieved 2022-07-24.
- ^ Joselow, Maxine (February 22, 2022). "Court ruling on social cost of carbon upends Biden's climate plans". The Washington Post. Retrieved July 18, 2022.
- ^ Phillips, Anna (March 16, 2022). "Appellate court rules Biden can consider climate damage in policymaking". The Washington Post. Retrieved July 18, 2022.
- ^ Williams, Pete (May 26, 2022). "Supreme Court won't block Biden rule on societal cost of greenhouse gases". CNBC. Retrieved July 18, 2022.
- ^ Liptak, Adam (May 26, 2022). "Supreme Court Allows Greenhouse Gas Cost Estimates". The New York Times. Retrieved July 18, 2022.
- ^ Barnes, Robert; Phillips, Anna (May 26, 2022). "Supreme Court allows Biden climate regulations while fight continues". The Washington Post. Retrieved July 18, 2022.
- ^ Frazin, Rachel (August 31, 2021). "Judge rebuffs red states' challenge to Biden's 'social costs' of greenhouse gases". The Hill. Nexstar Media Group. Retrieved August 11, 2022.
- ^ Malo, Sebastien (September 3, 2021). "Rep. AGs appeal social costs of greenhouse gas lawsuit". Reuters. Thomson Reuters. Retrieved August 11, 2022.
- ^ Earls, Maya (June 16, 2022). "States' Carbon Costs Dispute Sees Eighth Circuit Skepticism". Bloomberg Law. Bloomberg L.P. Retrieved August 11, 2022.
- ^ Davenport, Coral (June 19, 2022). "Republican Drive to Tilt Courts Against Climate Action Reaches a Crucial Moment". The New York Times. Retrieved August 11, 2022.
External links
edit- "Executive Order 13990 – Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis" (PDF). Federal Register. 86 (14). U.S. Government Publishing Office: 7037–7043. January 20, 2021. Retrieved August 10, 2022.
- The full text of Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis at Wikisource
- Gunter, David; Vann, Adam (April 28, 2022). Recent Litigation over the Social Cost of Greenhouse Gases (Report). Congressional Research Service. Retrieved August 11, 2022.
- "State of Louisiana v. Biden". Justia. Retrieved August 10, 2022.
- "Louisiana v. Biden – Social Cost of Carbon" (PDF). Climate Change Law and Policy Project. LSU Law Center. Retrieved August 11, 2022.
- "Preliminary injunction in Louisiana v. Biden". The Washington Post. February 11, 2022. Retrieved August 10, 2022.
- "5th Circuit Stay of SCC injunction" (PDF). The Conversation. Retrieved August 10, 2022.
- Louisiana v. Biden (U.S. Supreme Court May 26, 2022), Text.
- "State of Missouri, et al v. Joseph Biden, Jr., et al". Justia. Retrieved August 11, 2022.
- "Missouri v. Biden – Memorandum and Order" (PDF). Sabin Center for Climate Change Law. Columbia Law School/Arnold & Porter. Retrieved August 11, 2022.
