If Biden wins & Senate doesn't flip, climate agenda will depend on executive/regulatory power. Priorities should be new power sector carbon standards, ambitious fuel efficiency standards for cars/trucks, methane rules for oil & gas & others. Move fast but don't cut legal corners.
If Dems don't control Senate, can't use Congressional Review Act to cancel any of Trump's recent rules, but can rescind & replace them. Also, since limited resources: choose priorities; get those rules done by first 12-18mths; consult DOJ lawyers early; do OIRA review crisply.
First must ask courts to hold in abeyance any pending litigation challenging Trump's weak environmental/climate rules. With Biden Exec Order directing agencies to reconsider these rules, should be easy for DOJ to get courts to put pens down. No need to risk adverse decisions.
You can follow @JodyFreemanHLS.
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