On Demand

Predictions for Environmental and Workplace Safety Law Under the Biden Administration

1h 2m

Created on January 21, 2021





As the new administration takes office, this one-hour program will explore some of the more pressing environmental and workplace safety issues affecting America today.  The presenters will compare anticipated approaches with the last few presidential terms, dating to the Obama administration. This apolitical discussion will assess the infrastructure the Biden administration is assembling, based on potential nominees, campaign platforms, and recent public positions.  This program may especially appeal to lawyers who represent responsible parties in environmental cases and OSHA matters, companies, lenders, local governments, housing advocates and parties in real estate transactions.

Learning Objectives:

Attorneys will discuss the following topics:

  1. Climate change
    1. Will we rejoin international agreements?
    2. Will this be seen as a national priority?
    3. Will regulations be adopted that promote lower greenhouse gas emissions?
  2. Environmental enforcement priorities
    1. How will existing regulations be enforced?
    2. What impact might forthcoming regulatory approaches have on a post-pandemic national and global economy?
    3. What enforcement initiatives should we expect the Biden administration to pursue, e.g. worker endangerment, next generation compliance, vessel pollution, cooperative federalism, etc.?
    4. What might historic trends in environmental enforcement tell us about what to expect in the next four years?
  3. Environmental justice
    1. Will environmental justice initiatives emerge and how will they be implemented?
    2. What role might stakeholders have in reviewing and developing environmental justice policies?
    3. Will there be interplay between the federal government and the states in this area?
    4. Will the focus of these initiatives be focused on racial impact, socio-economic impact, or both?
    5. How might the Supreme Court eventually weigh in on these areas?
  4. COVID-19 and workplace safety
    1. What will a Biden administration COVID-19 response look like, and how will it compare to the Trump Administration's response?
    2. How much regulation in this area might be allowed before it becomes "too much regulation"?
    3. What regulatory changes can be expected in the area of workplace safety?
    4. COVID-19 tested the ability of OSHA to achieve its statutory charge to assure a safe workplace; is systemic change now on the horizon?
  5. Regulatory agendas
    1. Will the Biden administration roll-back the Trump administration's roll-backs?
    2. Will emerging contaminants like PFAS be subject to increased regulation?
    3. What changes in focus, if any, are anticipated?
    4. How will the lack of a clear legislative mandate hamper reform efforts?
    5. Will the Biden administration enhance the Superfund program?

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