Election 2020: Previewing the Next Administration’s Playbook

Welcome to the Day After. As expected, with ballots still being counted, we do not have a clear outcome on the 2020 U.S. Presidential Election. But we hope to know in the coming days, weeks, or month who will be taking the Oath of Office on January 20, 2021. Regardless of which candidate wins, it will be crucial to your company and industry to know the priorities, policies, and pressures that the next administration—whether it is a Biden Administration or a second-term Trump Administration—will bring to Washington.

Later this month, Wiley will issue a “playbook” on what we expect the new administration’s environmental and public health policies will be.  Our forecast will include the following topics:

  • The regulation of chemicals and pesticides under the Toxic Substances Control Act (TSCA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA);

  • The changes we have seen and may continue to see in key Clean Air Act (CAA) Title V air permitting policies;

  • The direction that we expect federal energy policies will take in the coming months, including regulations addressing climate change, renewables, and vehicle fuel efficiency standards; 

  • The potential developments in managing water quality and PFAS contamination under the Clean Water Act (CWA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); and

  • The prospects for the enactment of new regulations or policies that elevate federal attention on environmental justice, corporate sustainability, and reducing plastic waste. 

Wiley’s Food & Drug practice group will also contribute insights on food and drug initiatives, in areas such as biotech and medtech, that the next administration will tackle at the U.S. Food & Drug Administration and U.S. Department of Agriculture. The COVID-19 public health crisis will factor into our analysis in all of these areas. If you would like to see us include a particular issue in the playbook that I have not mentioned here, please let me know.

In the meantime, I invite you to listen to my upcoming podcast interview with current EPA Administrator Andrew Wheeler, which should be available next Wednesday, November 11. Whether we cover his priorities for the remainder of the first term or an actual second term—or both—remains to be seen, but nevertheless it should be an interesting, informative conversation. You are also invited to listen to my prior podcast interview with Acting EPA General Counsel David Fotouhi to get a preview of what Administrator Wheeler may say. Finally, if you are interested in how the next administration may regulate chemicals under TSCA, please consider reading what I told Chemical Watch in a recent interview

As always, stay tuned to The WELL for cutting-edge analysis and insights into the Beltway and beyond.

The WELL

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