Upon assuming office in January 2021, President Joe Biden identified reforming regulatory review as a key priority. Recently, the Biden administration issued an executive order and guidance documents designed in part to increase participation of members of underserved communities in the regulatory process and ensure that they do not disproportionately bear adverse effects of regulatory action. While clearly important to environmental lawyers focused on the development and administration of environmental regulations, the recent changes apply broadly across the larger regulatory landscape.

Modernizing Regulatory Review

On April 6, Biden issued Executive Order 14094, Modernizing Regulatory Review. The order promotes more inclusive regulatory policy and public participation, and requires federal agencies to examine how the burdens and costs of regulatory actions fall on members of disadvantaged and vulnerable communities. It also contains more technical provisions applicable to reviews of significant regulations conducted by the Office of Information and Regulatory Affairs (OIRA).

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