Bloomberg Law
April 20, 2021, 8:48 AM

Biden Environment Agenda Spurs Early Pivots, Attacks in Court

Ellen M. Gilmer
Ellen M. Gilmer

The Biden administration has begun recasting environmental litigation as it reviews the government’s position in existing cases and adopts new policies already under attack by Republicans.

Lawyers in the Justice Department and other agencies have assessed hundreds of pending cases and pressed pause on as many as possible—focusing on strategic delays rather than dramatic changes in position.

“So, what we’re seeing is the government come in saying, ‘We want to take back this rule’ or ‘We need more time because we’re going to rethink it,’” University of Denver law professor Wyatt Sassman said. “And all they’re doing is moving back ...

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