by Michael Chambrelli, Associate Notes Editor, Fordham Environmental Law Review Journal

On December 17, President-elect Joe Biden announced his pick to head the Environmental Protection Agency (EPA), tasked with regulating the United States’ carbon emissions, promoting the growth of green energy sector, and regulating our precious water supply.  If confirmed by Congress, Michael Regan, North Carolina’s Environmental Regulator will lead the agency. A few days before his nomination, however, Regan was not among President-Elect Biden’s short list for head of the EPA.  Rumors swirled that Mary D. Nichols of California would replace Andrew Wheeler in this role. Nichols flew off the list after she received tough criticism from activists for her failure to address how her agency’s policies negatively affected pollution in Black and Brown Communities.

Regan is a part of the bureaucratic ‘establishment.’ He had worked at the EPA under both the Clinton and Bush administrations. Since then, Regan worked at the Environmental Defense Fund, a large environmental non-profit. And then in 2017, North Carolina Governor Roy Cooper appointed Regan to replace Donald R. van der Vaart, a Trump administration ally and climate change denier, as the state’s Environmental Regulator. In North Carolina Regan oversaw the cleanup of toxic coal ash, established North Carolina’s Environmental Justice and Equity Advisory Board, to help the low-income and minority communities that suffer disproportionate exposure to harmful pollutants, and fought back against Trump era EPA deregulation. Throughout his tenure, Regan focused on the environmental impacts of marginalized populations – specifically Black and Brown communities – a stark contrast from Ms. Nichols. Though it remains to be seen if this focus will translate effectively to his federal role.

As the world teeters at the precipice of a climate disaster, the EPA must be led by someone who can and will balance competing interests necessary to readjust America’s course on climate change. Regan has been described “as a consensus builder and a fierce protector of the environment” which coheres with the Biden administration’s posture regarding the potentially split Congress. But will consensus-building be enough to convince both parties of the necessity of strong environmental regulations and green energy growth? Will Regan’s regulations and guidelines seek guidance and counsel from activists at the front line of climate justice? Will he work beyond basic administrative law norms to engage different stakeholders and understand their needs?

Additionally, questions remain about Regan’s policies toward the rest of the world.  Beyond the United States, how will Regan account for the United States air pollution on people in the Global South? Will regulations curbing U.S. emissions only allow for more disastrous pollution elsewhere? Will this administration’s regulations cause what is left of U.S. manufacturing – or the extent it has returned – to race to other countries with lesser standards that will lead to more pollution overall?

If confirmed, Regan must answer these, and other questions from environmental and legal activists. We must hold him accountable…