Regulatory efforts designed to implement the President's Climate Action Plan, previously discussed in this blog, continue to emerge. Earlier this month, the President issued an executive order directing federal agencies to support investments and other actions by states, local communities, and tribes that increase the nation's resilience to climate-change related impacts. The order highlights promotion of "the dual goals of greater climate resilience and carbon sequestration, or other reductions to the sources of climate change" in its call to action. Some observers are already seeing the potential for increased federal regulatory activism, for example on siting and construction requirements, based on climate change factors.
Under the order, the Departments of Defense, Interior, and Agriculture, EPA, NOAA, FEMA, and the Army Corps of Engineers must report to OMB within nine months on an inventory and assessment of proposed and completed changes to their policies, programs, and regulations needed to enhance national resiliency, including a timeline for implementing these changes. The order also requires all federal agencies to create climate adaptation plans to ensure their ability to carry out their missions despite potential climate change events. In addition, the order creates a 30+ agency Council on Climate Preparedness and Resilience to work with state, local, and tribal governments to coordinate efforts on climate change resilience and preparedness.
In a release the same day as the executive order, EPA published 17 Adaptation Implementation Plans, one from each EPA regional and program office. Each of the plans is far-ranging and detailed, and those affected by EPA regulations should take a close look. Comments are due by January 4, 2014.
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