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Power Shift: Regulatory Reform in a Biden Administration

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President-Elect Joe Biden has promised to change course, including on a number of the Trump Administration’s signature (de)regulatory and executive actions — from energy and the environment to public health, immigration, and the economy. But while a new President can do a lot to reverse a predecessor’s actions in certain areas, every White House is subject to key statutory and constitutional constraints that either slow the pace or provide absolute bars. Moreover, because the past four years have seen an unprecedented volume of litigation involving Trump Administration policies, a wide body of new administrative and constitutional case law has emerged that the Biden Administration will need to navigate.

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This CLE was led by Ron Tenpas and Jeremy Marwell, V&E partners with significant government experience advising the White House and Executive Branch agencies during the past three administrations, including having worked both within the government as an Administration was leaving and on a President-elect’s incoming transition team, during the window between Election Day and Inauguration. The CLE offered a high-level overview of the legal landscape Biden will face in seeking meaningful regulatory change. We explored areas of executive flexibility and discussed key constraints that will affect the scope and timing of change — with a focus on specific issues of interest to the energy sector and beyond.

This presentation was recorded and current as of December 9, 2020. Content viewed after this date may no longer be current.

This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.