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Energy & Environmental Policies

Energy & Environmental Policies

Throughout the 2024 U.S. presidential election, Winston monitored the presidential candidates’ policy positions related to energy and the environment. 

Visit Winston & Strawn’s Transition Period Update for timely insights on the pivotal steps shaping the path forward for the Trump/Vance administration. 

Disclaimer: This page is strictly dedicated to providing public information on the candidates’ policy positions and in no way indicates an affiliation with any political party or candidate.

Winston’s Environmental Law UpdatePresidential Election Implications on Methane and VOC Regulations for the Oil and Gas Industry
A recent decision by the Supreme Court of the United States—to deny requests from states and industry groups to stay enforcement of the EPA’s rulemaking on methane and volatile organic compound emissions—was deemed a success by the EPA in its efforts to curb emissions from the oil and gas industry. While litigation challenging the EPA’s rulemaking continues before the U.S. Court of Appeals for the District of Columbia Circuit, actions taken by prior administrations lend insight into the future of the EPA’s rulemaking pending the results of the 2024 presidential election.
Read More
Winston’s Environmental Law UpdatePresidential Election Implications on Methane and VOC Regulations for the Oil and Gas Industry
A recent decision by the Supreme Court of the United States—to deny requests from states and industry groups to stay enforcement of the EPA’s rulemaking on methane and volatile organic compound emissions—was deemed a success by the EPA in its efforts to curb emissions from the oil and gas industry. While litigation challenging the EPA’s rulemaking continues before the U.S. Court of Appeals for the District of Columbia Circuit, actions taken by prior administrations lend insight into the future of the EPA’s rulemaking pending the results of the 2024 presidential election.
Read More

Kamala Harris
derived from Biden-Harris Administration priorities

  • The Biden administration aims to cut climate pollution in half from 2005 levels by 2030 and achieve economy-wide, net zero emissions by no later than 2050.
  • The cornerstone of the Biden administration’s clean energy agenda, the Inflation Reduction Act of 2022 (the IRA), offered funding, programs, and incentives to accelerate the deployment of new clean electricity resources and invest in:
    • Electric vehicle infrastructure;
    • Clean energy transmission and the electric grid, including by building thousands of miles of new transmission lines to facilitate the expansion of renewable energy and creating a new Grid Deployment Authority to oversee research and development of advanced transmission and electricity distribution technologies; and
    • Energy technologies like advanced nuclear reactors, carbon capture, and clean hydrogen.
  • The IRA modified and extended the clean energy Investment Tax Credit to provide up to a 40% credit for qualifying investments in wind, solar, energy storage, and other renewable projects. It also modified and extended the Renewable Energy Production Tax Credit to provide a credit of up to 2.75 cents per kilowatt-hour of electricity generating from qualified renewable energy sources under certain conditions. The result as reported by the Treasury Department has been increased business investment.
  • President Biden also launched the Justice40 Initiative to embed environmental justice into clean energy and climate programs and his administration has invested in other energy efficiency and electrification programs.
  • We expect that President Biden would continue to seek to meet his climate goals, including ambitious targets for greenhouse gas emissions the U.S. is currently not on track to meet. His Administration has argued that building energy transmission infrastructure necessary to harness renewable natural resources should occur, but his ability to make major progress on that front in a closely divided Congress appears doubtful.

  • The Biden administration’s approach to fossil fuels is more nuanced. Despite a 2020 campaign promise to stop drilling on federal lands, President Biden’s 2021 moratorium on new oil and gas drilling leases on federal lands and in federal lands floundered following legal challenges, and the administration has since approved controversial oil and gas projects. The IRA contains a stipulation allowing millions of new acres of federal land to be auctioned off for oil and gas drilling. More recently, President Biden shifted posture by announcing a temporary pause on pending decisions on exports of liquified natural gas (LNG) to non-free trade agreement countries, even as the EPA delays new regulations that would require gas-burning power plants to cut their carbon dioxide emissions and car makers to limit tailpipe emissions.
  • In private conversations, President Biden has been reported as saying that shielding consumers from high prices by allowing production of cheap oil and gas in the short term can ease the path to a no-emission energy future. He is engaged in a careful balancing act.
  • President Biden’s FY2025 budget proposal builds on the administration’s goals of reducing greenhouse gas emissions and advancing clean energy while creating jobs and cutting energy costs. The proposal offers a glimpse of his possible priorities for a second term, and shows, among other things:
    • Continued investment to accelerate clean energy deployment including offshore wind, solar, bioenergy, and emerging technologies like hydrogen and nuclear;
    • Renewed investment in carbon sequestration and other carbon management programs;
    • Efforts to address the backlog of energy projects stymied by permitting delays; and
    • A commitment to reducing federal tax subsidies for oil and gas companies.
  • We anticipate that his platform looking forward will continue to seek to balance industry and environmentalist interests.
Updates From the Debates
SEPTEMBER 2024 Debate
  • The Harris campaign has made few public statements concerning energy policy. Her campaign aides have described her plan on controversial energy issues as one of “strategic ambiguity” and the topic of energy policy was not measurably present at the Democratic National Convention.
  • Harris states that her current views are more centrist than the views she expressed during her 2020 campaign. During the debate, Harris stated her support for fracking and argued that she expanded the availability of leases for fracking by casting the tie-breaking vote on the IRA.  During her 2020 campaign, she supported a mandate requiring all new passenger vehicles sold be zero-mission by 2035, but a Harris campaign spokesperson recently clarified that she now does not support an electric vehicle mandate.
  • Asked in July 2024 whether, as president, Harris would pursue policies like the Green New Deal that she supported as a United States senator, her campaign’s climate advisor said that she would focus on implementing the IRA. Her campaign does not appear yet to have made any public statements differentiating her positions from those of the Biden-Harris administration.
  • On August 20, while the Democratic National Convention was in progress, Brian Deese, an economic advisor to the Harris campaign, published an essay in Foreign Affairs arguing that a Harris administration, if elected, should undertake a “Clean Energy Marshall Plan.” Under such a plan, Deese wrote, the United States would loan money to developing countries to buy U.S. renewable energy technologies to help transition away from fossil fuels and “halt global warming.” Deese is promoting the plan independently of his work as a Harris advisor, and the campaign has not commented on it.
  • Vice President Harris endorsed a ban on hydraulic fracturing during her first presidential campaign in 2019. Fracking is a process used to extract oil and natural gas from bedrock. Harris challenged federal approvals of offshore fracking when she was attorney general of California. In 2020, after becoming President Biden’s running mate, she distanced herself from her prior positions and now says she no longer supports a ban on fracking. When asked about this change during the debate, Harris said we need to invest in diverse sources of energy to reduce reliance on foreign oil and that she “will not ban fracking.”
  • According to The New York Times, U.S. crude oil production has risen to record highs this year, though experts say that is generally unrelated to actions taken by the Biden-Harris administration because most oil production has occurred on private and state lands. The current administration initially tried to restrict drilling on federal lands and waters by pausing all federal oil and gas lease sales to consider their impact on global warming. This decision was challenged in court, and authorization for the sale of oil and gas leases was included in the 2022 Inflation Reduction Act.
June 2024 Debate
  • President Biden highlighted his support of the Inflation Reduction Act of 2022, which the President said represented “the most extensive climate change legislation in history, in history.”
  • According to the White House, the Inflation Reduction Act “has already spurred [as of February 2024] a clean energy boom, contributing to more than $360 billion in private sector clean energy announcements since President Biden took office.”
  • Biden criticizes Trump’s withdrawal from the “Paris Peace Accord – Climate Accord,” which Biden “immediately rejoined” again after taking office.
  • Biden stressed “The only existential threat to humanity is climate change,” and that Trump “wants to undo all that I’ve done.”
  • Biden also highlighted the establishment of “a Climate Corps for thousands of young people” to “learn how to deal with climate, just like the Peace Corps.”

Donald Trump

  • Donald Trump touts that under his administration, the United States gained energy dominance, becoming the world’s number-one producer of oil and natural gas. He views American energy independence as a top priority, with increased production leading to historically low costs for oil, gas, diesel, and electricity for consumers and businesses, and would seek to promote U.S. exports of energy. He has pledged to undo Biden’s temporary pause on new LNG exports and take other actions to promote additional drilling both on- and off-shore.
  • Trump supports unlocking further development of U.S. oil, natural gas, and clean coal resources. This policy agenda likely would include pressure to rein in the activity of the Environmental Protection Agency. A major focus in Trump’s prior administration was repealing or gutting President Obama’s Clean Power Plan, among rolling back many other environmental rules.
  • His platform promises to support development of the infrastructure necessary to unlock U.S. natural resources, including oil and natural gas pipeline infrastructure. Under his administration, the Keystone XL and Dakota Access pipelines were authorized, opening federal lands and offshore areas for oil and gas production.

  • Trump opposes the incentives in the IRA to promote the development of renewable resources and electric vehicles.
  • Trump seeks elimination of the clean energy tax credits contained in the IRA. The extent to which Trump would be able to upend the IRA or any of its core provisions would depend on his ability to persuade Congress to act. Even a Republican-controlled Congress may not be open to repeal given benefits to their constituent congressional districts as a result of the IRA, in line with the staying power of congressionally directed spending.

  • Trump opposes international climate agreements that would frustrate efforts to unlock U.S. energy resources. He exited the Paris Climate Agreement, which President Biden rejoined. Trump’s campaign website touts his exit of the Paris Climate Agreement in his first term, and pundits anticipate he would seek to exit the agreement again.
  • In his first term, Trump demonstrated a willingness to impose tariffs on Chinese imports, including heavy tariffs on solar panels. He promises to create incentives to speed the transition to clean energy sources and to seek agreements to promote clean energy around the world. He intends to protect federal and other lands from further drilling and development that would harm the environment. His campaign has not gone into much detail on how he will accomplish these ends as he seeks to build a bipartisan coalition.

  • For the past few years, Republican lawmakers and governmental enforcers have been placing increased scrutiny on corporate environmental, social, and governance (ESG) programs.
  • For example, in November 2021, Arizona’s then-Attorney General Mark Brnovich announced that his office would be investigating investment firms for potential anticompetitive conduct surrounding the implementation of their ESG practices. In August 2022, a group of 19 attorneys general wrote a letter to BlackRock raising issues with its ESG investment practices, citing antitrust concerns, among other things. On the federal level, in late 2022, Republican lawmakers in both the House and the Senate initiated major anti-ESG pushes. On November 3, 2022, a group of Republican senators sent letters to more than 50 major corporate law firms warning them of a senatorial plan “to scrutinize the institutionalized antitrust violations being committed in the name of ESG.” Among other things, the letters specifically alleged a “collusive effort to restrict the supply of coal, oil, and gas.” In December 2022, Republicans on the House Judiciary Committee opened an antitrust investigation into organizations promoting ESG programs.
  • During the Trump Administration, the Department of Labor issued restrictions on ESG investment practices for retirement programs. This was later reversed during the Biden Administration and then became the subject of disputes in Congress and in the courts. On February 24, 2023, Donald Trump released a video on Truth Social in which he came out strongly against ESG programs, praised Republicans in Congress who have fought ESG, and promised that if re-elected, he would institute strong limitations on ESG investment practices, specifically focusing on pensions and retirement accounts.
  • It seems likely that a second Trump Administration would make the regulation of corporate ESG programs a key antitrust enforcement priority. 
Updates From the Debates
SEPTEMBER 2024 Debate
  • Trump repeatedly emphasized his support for the fossil fuel industry, emphasizing his support of fracking and criticizing the Biden Administration’s revocation of a critical Presidential permit for the $9 billion Keystone Pipeline.
  • Trump’s recent speech at the 2024 Republican National Convention touched on common energy themes in his campaign, including his support of the fossil fuel industry and opposition to government subsidies for renewable energy resources and electric vehicles.
  • In his remarks, Trump implied that Inflation Reduction Act (IRA) spending—the “Green New Scam”—is a waste of taxpayer dollars and has fueled inflation. He continues to pledge to bring energy prices down by expanding drilling. His remarks acknowledged the need for more power generation to accommodate rising demand for electricity in the tech industry for data centers and generative AI.
  • Trump in his speech also once again emphasized the importance of energy independence, calling for United States global “energy dominance.”
  • Trump continues to support energy security, increased domestic energy production, reduced barriers to fossil fuel production, and reduced government support for renewable energy and other low-carbon technologies, including removing mandates related to electric vehicle production.
  • At a campaign rally in May 2024, Trump promised to “end” the environmental impacts of offshore wind on “day one” by executive order but did not give any specifics about how he would do it.
  • Former President Trump had revived the Keystone project after it stalled under the Obama administration, but it continued to face legal challenges that delayed construction. The Keystone XL pipeline was set to be an extension of the Keystone Pipeline System, a 2,687-mile pipeline that transports crude oil from Canada to the U.S. Gulf Coast. Opponents contested the XL project over concerns that the pipeline would cross the lands of Indigenous people and because burning oil sands crude could make climate change worse and harder to reverse.
  • In his remarks, Trump said that he supports U.S. oil production and the Keystone pipeline, while the Biden administration “ended the XL pipeline.” On his first day in office, President Biden rescinded the construction permit for the Keystone XL oil pipeline. Vice President Harris did not comment on the Keystone pipeline.
  • The moderators began a question on climate change by reminding viewers that Former President Trump has said regarding the environment that we need clean air and clean water, while Vice President Harris calls climate change an existential threat.
  • Trump responded by asserting the Biden Administration lost 10,000 manufacturing jobs last month due to auto plants being built in other countries and that he plans to levy tariffs on foreign auto imports. At the end of Trump’s presidential term in 2020, the trade deficit, the difference between how much the U.S. imports and how much it exports, was US$650B. According to The New York Times, that was lower than four years of the George W. Bush administration, and the first three years of the Biden-Harris administration.
  • During the debate Trump stated that although he “is a fan of solar,” it takes up millions of acres of land and the Biden-Harris administration’s continued support of solar and its other energy policies “will destroy our energy sector.”
June 2024 Debate
  • Former President Trump said he wants “absolutely immaculate clean water and I want absolutely clean air, and we had it. We had H2O. We had the best numbers ever.”
  • At the same time, Trump emphasized the use of “all forms of energy, all forms, everything” during his Administration.
  • Trump stood by his decision to withdraw from “the Paris Accord,” stating it “was going to cost us a trillion dollars, and China nothing, and Russia nothing, and India nothing. It was a ripoff of the United States.”
  • Trump did not respond to Biden’s claim that a new Trump administration would seek to stop the clean energy subsidies implemented by the Inflation Reduction Act.

Jill Stein

  • Stein views climate change as an existential crisis. In Stein’s 2012 and 2016 presidential campaigns, she advocated a “green New Deal” that would focus on green jobs to increase energy efficiency and create 100% clean renewable energy by 2030. Stein in 2011 explained that the cost could be covered “through a combination of needed tax reforms—such as taxing Wall Street speculation, off shore tax havens, millionaires and multimillion dollar estates—in addition to a 30% reduction in the trillion dollar bloated military-industrial-security complex budget.” Stein’s 2024 campaign website “Principles” indicates that some form of the green New Deal remains a core part of her platform.
  • Stein supports the elimination of all fossil fuels and rejected former President Obama’s “all the above” policy of promoting all forms of domestic energy.
  • Stein also stands against nuclear power and, projecting massive sea level rise within the century, supports decommissioning existing nuclear power plants to prevent repeats of the Fukushima nuclear accident.

Key Contacts

Key Contacts

Jonathan D. Brightbill

Partner

Washington, DC

Email

+1 202-282-5855

Eleni Kouimelis

Partner

Chicago

Email

+1 312-558-5133

Tom Millar

Partner

Washington, DC

Email

+1 202-282-5334

Jennifer A. Morgan

Partner

Los Angeles

Email

+1 213-615-1726

Jonathan D. Brightbill

Eleni Kouimelis

Tom Millar

Jennifer A. Morgan

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