Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis | |
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. |
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]
Executive 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:
The order was one of fifteen signed during the first day of the Biden administration. [10]
Climate experts like Rachel Cleetus and Jonna Hamilton praised the order. [11]
Many politicians from the Republican Party criticized the order. [12]
On 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]
On 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]
The Federal Energy Regulatory Commission (FERC) is an independent agency of the United States government that regulates the interstate transmission and wholesale sale of electricity and natural gas and regulates the prices of interstate transport of petroleum by pipeline. FERC also reviews proposals to build interstate natural gas pipelines, natural gas storage projects, and liquefied natural gas (LNG) terminals, in addition to licensing non-federal hydropower projects.
The Regional Greenhouse Gas Initiative (RGGI, pronounced "Reggie") is the first mandatory market-based program to reduce greenhouse gas emissions by the United States. RGGI is a cooperative effort among the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, Vermont, and Virginia to cap and reduce carbon dioxide (CO2) emissions from the power sector. RGGI compliance obligations apply to fossil-fueled power plants 25 megawatts (MW) and larger within the 11-state region. Pennsylvania's participation in the RGGI cooperative was ruled unconstitutional on November 1, 2023, although that decision has been appealed. North Carolina's entrance into RGGI has been blocked by the enactment of the state's fiscal year 2023–25 budget.
The social cost of carbon (SCC) is the marginal cost of the impacts caused by emitting one extra tonne of carbon emissions at any point in time. The purpose of putting a price on a tonne of emitted CO2 is to aid policymakers or other legislators in evaluating whether a policy designed to curb climate change is justified. The social cost of carbon is a calculation focused on taking corrective measures on climate change which can be deemed a form of market failure. The only governments which use the SCC are in North America. The Intergovernmental Panel on Climate Change suggested that a carbon price of $100 per tonne of CO2 could reduce global GHG emissions by at least half the 2019 level by 2030.
The Keystone Pipeline System is an oil pipeline system in Canada and the United States, commissioned in 2010 and owned by TC Energy and, as of March 2020, the Government of Alberta. It runs from the Western Canadian Sedimentary Basin in Alberta to refineries in Illinois and Texas, and also to oil tank farms and an oil pipeline distribution center in Cushing, Oklahoma.
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Greenpeace USA is the United States affiliate of Greenpeace International, an environmental nonprofit organization that spawned a social movement inspired by direct actions on the high seas to stop whaling and nuclear testing. Headquartered in Washington D.C., Greenpeace U.S.A. operates with an annual budget of approximately $40 million, employing over 500 people in 2020. The organization relies on donations from members, refuses corporate contributions and refrains from endorsing political candidates, though in 2020 Greenpeace USA issued climate scorecards for presidential candidates and ranked them from best to worst on climate
The climate change policy of the United States has major impacts on global climate change and global climate change mitigation. This is because the United States is the second largest emitter of greenhouse gasses in the world after China, and is among the countries with the highest greenhouse gas emissions per person in the world. Cumulatively, the United States has emitted over a trillion metric tons of greenhouse gases, more than any country in the world.
Lucy Haeran Koh is an American lawyer serving as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit. Koh previously served as a United States district judge of the United States District Court for the Northern District of California from 2010 to 2021. She also served as a California state court judge of the Santa Clara County Superior Court from 2008 to 2010. She is the first Korean American woman to serve on a federal appellate court in the United States.
Hornbeck Offshore Services v. Salazar is an ongoing case in United States federal court. In the wake of the Deepwater Horizon explosion and the subsequent oil spill, the U.S. Department of the Interior issued a six-month moratorium on exploratory drilling in deep water. Plaintiffs filed suit challenging the moratorium.
American Electric Power Company v. Connecticut, 564 U.S. 410 (2011), was a United States Supreme Court case in which the Court, in an 8–0 decision, held that corporations cannot be sued for greenhouse gas emissions (GHGs) under federal common law, primarily because the Clean Air Act (CAA) delegates the management of carbon dioxide and other GHG emissions to the Environmental Protection Agency (EPA). Brought to court in July 2004 in the Southern District of New York, this was the first global warming case based on a public nuisance claim.
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Juliana, et al. v. United States of America, et al. was a climate-related lawsuit filed in 2015 and dismissed in 2020. Filed by 21 youth plaintiffs against the United States and several executive branch officials. Filing their case in the United States District Court for the District of Oregon, the plaintiffs, represented by the non-profit organization Our Children's Trust, include Xiuhtezcatl Martinez, the members of Martinez's organization Earth Guardians, and climatologist James Hansen as a "guardian for future generations". Some fossil fuel and industry groups initially intervened as defendants but later requested to be dropped following the 2016 presidential election, stating that the case would be well defended under the new administration.
Our Children's Trust is an American nonprofit public interest law firm based in Oregon that has filed several lawsuits on behalf of youth plaintiffs against state and federal governments, arguing that they are infringing on the youths' rights to a safe climate system.
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