Policy advocates are urging President Biden to invoke his office’s emergency powers to enact climate policies rapidly, ahead of legislative and regulatory processes. The president holds broad authority to declare a “national emergency,” which permits use of 136 emergency powers under various statutes.
A letter co-signed by 380 organizations outlines how Biden could use those powers to prohibit oil exports for a year, direct loans and agency resources to clean-energy developers and use military funds to build clean-energy infrastructure, among other measures.
In 2019, President Trump diverted funds to border-wall projects after declaring illegal crossings a national emergency, a move that was affirmed by the Supreme Court. Emergency powers can be “misused as convenient fixes to non-emergency problems,” a Brennan Center review notes, and overuse could undermine the balance of powers.