Minimizing Risks: How Companies Can Prepare for Increased Criminal Environmental Enforcement Under a Biden Administration

The differences between President Donald Trump's and President-elect Joe Biden's approaches to environmental regulation are stark, and have been well publicized. The Trump Administration rolled back, or attempted to roll back, more than 100 environmental rules. There is every expectation that the Biden Administration will seek to roll back the rollbacks. Even absent new legislation, significant change is expected through executive orders, regulations, and enforcement. What, then, should we expect from the Biden administration when it comes to criminal environmental enforcement?

Our article in Law 360, published on December 14, explores the potential uptick in enforcement in three key areas: (1) pollution prosecutions under the Clean Air Act and Clean Water Act; (2) a renewed focus on environmental justice concerns, including crimes resulting in disproportionate harm to low-income communities and communities of color; and (3) an increased emphasis on holding individual corporate actors accountable.

© Arnold & Porter Kaye Scholer LLP 2020 All Rights Reserved. This blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.