As forest fires, heat waves, water scarcity and threats to wildlife intensify in the west, California’s effort to tackle these environmental crises is now supported in Washington, a radical departure from the past four years.
Even as former President Donald Trump spent his last days in office, mourning defeat in the elections, his government continued to reverse environmental conservation and intestinal climate regulations.
In recent weeks, Trump officials have stepped up new drilling contracts, recovered the spotted owl’s protected habitat, relaxed shower efficiency standards, removed penalties for accidentally killing birds, and more. The movements cement a legacy of deference to industry, cheap energy and trade.
Now President Biden is working aggressively to reverse the course. The president signed several executive orders last week, including a directive to return to the Paris climate deal, which begins to undo its predecessor’s actions and realign the nation with California’s ambitious environmental and climate agenda.
“There’s a lot to celebrate,” said Jared Blumenfeld, California’s secretary of environmental protection, who helped lead the state’s struggle against Trump’s policies and hopes for a cooperative relationship with the federal government. “This is great for California, the country and the planet.”
While change is undoubtedly coming, Biden’s first guidelines go only so far. Some of your requirements can be enacted with your signature, such as returning to the Paris non-binding agreement to address global warming.
But taking down Trump on other issues will require months of administrative review or congressional approval. Even in a Democratic-controlled Congress, major movements can fail because of the Republican votes needed to avoid an obstruction in the Senate.
In California, state regulations have mitigated many of Trump’s environmental reversals. When state laws did not provide protection, California used to create new rules, including pesticide bans and expanded protection for wetlands. Still, many of Trump’s policies have had a direct impact on the state.
Following are eight changes that the new president has begun to initiate – or is expected to happen soon – that are likely to strengthen California’s environmental protections and climate programs.
Boost vehicle efficiency standards: One of Biden’s first executive orders on public health and the environment calls for stricter fuel economy standards for cars and pickup trucks, a measure designed to reduce heat-trapping pollution.
The Trump administration not only blocked an Obama-era plan to tighten standards, but revoked California’s exemption under the Clean Air Act to define its own vehicle emission rules. California is asking for that authority back, a request that is likely to be granted. The big question is whether California can get other states to adopt its aggressive emissions policy going forward, as it has done in the past.
For the federal government to set emission standards at the California level for the country, it needs to go through a long regulatory process. However, several automakers have already committed to making cars cleaner – with or without new regulations.
“We need to ensure that California has an exemption,” said Blumenfeld, who plans to work with the federal government, first to restore the state’s regulatory authority and then to ensure strict vehicle standards across the country. “It is in everyone’s interest to have rules in harmony.”
Restore science to decision making: Biden’s order on health and the environment includes the review of a transparency rule that prohibits the Environmental Protection Agency from using scientific studies with non-public data sources.
The Trump administration has implemented the measure to prevent “secret science” from being used to inform decision-making. Opponents, however, argued that the rule would prevent policymakers from evaluating information in important medical research, which often guarantees participants anonymity.
“If you can’t use science to make public health decisions, you’re tying both hands behind your back and blindfolding,” said Blumenfeld, who headed the federal EPA’s Southwest Pacific Office under President Obama before working. for the state.
Getting rid of the transparency measure can be as easy as employing the Congressional Revision Law, which allows Congress to rescind recent rules with a simple majority of votes. However, some scholars say that the rule is not eligible and can only be eliminated after another rule is established.
Reduce pumping in the delta: Last week, Biden instructed federal agencies to review a list of policies that includes pumping operations in the Sacramento River Delta-San Joaquin, California’s water supply center and an estuary that is struggling with very little water.
The Trump administration changed the terms of the pumping last year, allowing more water from the delta to flow to cities and farms. Environmentalists and fishermen criticized the measure because water exports invariably mean smaller flows in the estuary, leaving dry rivers and wildlife in danger, including endangered salmon and smells.
“Scientific analysis was universally considered to be deeply flawed,” said Chris Shutes, director of the California Sportfishing Protection Alliance. “The science that was implemented was implemented to obtain the desired result. Staying away from it will be useful. “
The Biden government’s next review of the pumping terms, called biological opinions, is likely to result in more restrictions on pumping. However, the process of changing biological opinions can take years. In the meantime, water managers can simply choose to use their discretion to send less water from the delta.
Stop new oil drilling: The Biden government ordered a 60-day suspension of new oil and gas drilling in federal lands and waters last week, which many see as a first step in restricting the development of fossil fuels in the long term and reducing the pollution that warms the industry planet.
The Trump administration, by contrast, had sought unparalleled expansion of oil and gas projects, including allowing new drilling rigs off the coast of California. An offshore drilling plan implemented by Trump officials three years ago, however, was detained in court and none of California’s maritime operations have been initiated. Biden will likely dismiss this plan.
On land, California saw nearly 2 million new acres of federal land open for potential drilling under Trump, mostly in Kern and Monterey counties. The first lease sales occurred last month.
“At the very least, the new government can halt the process of issuing new lease agreements,” said Ted Lamm, senior researcher at UC Berkeley’s Center for Law, Energy and Environment, who monitors federal environmental actions. Ultimately, however, Lamm said the government could go much further in limiting the development of fossil fuels.
Restore protections in the California desert: The Trump administration announced plans earlier this month to open millions of acres of the Mojave Desert for new energy projects, an unexpected move that many conservationists hope Biden will undo.
The action revokes a much-disputed agreement that sought to balance the habitat of turtles, Joshua trees and other icons of desert flora and fauna with renewable energy projects on federal lands. Opponents of the Trump proposal say the changes mean not just more alternative energy, but mining and other destructive activities.
“Obviously, we need a lot of land available for solar and wind resources, but many people who saw this thought it was done in a hurry,” said Lamm. “It threatens many desert habitats and endangered species that may now be at risk.”
Biden has the option to simply withdraw the proposal.
Increase protection for endangered species: Biden’s instructions to federal agencies include a review of the Endangered Species Act, in which Trump has placed significant checks. The conditions under which a plant or animal now qualifies for protection and what protections it receives are more restricted.
Although California has its own rules on endangered species, some animals, such as the gray wolf, move between states, limiting California’s ability to provide safeguards. In October, the Trump administration removed the gray wolf.
“Federal policy is what makes regulation consistent and allows species to (safely) cross the line,” said Christina Hazard, associate director of wildlife and natural resources at the National Parks Conservation Association.
The Biden government could choose to amend specific parts of the Endangered Species Act or make a more complete rewrite of the law, which conservation groups are asking for. Many want to see new protections added to help plants and animals withstand climate change. Either route would require a lengthy study and public review.
Increase logging restrictions on burnt forests: Biden’s guideline to federal agencies calls for a reassessment of the reversals of the National Environmental Policy Law, a fundamental law that protects natural landscapes from development and other projects.
Some environmentalists want the government to remove a rule added to NEPA last year that excludes small proposals for logging in burnt forests from the environmental review.
The rule, which applies to land up to 5,000 acres on the Bureau of Land Management property, aims to remove dead trees quickly from carbonized slopes while the trees still have commercial value. But many scientists have cited the importance of fallen trees for the restoration of the forest, especially for the return of birds and wildlife. They see Trump’s move as a boon to the timber industry.
“To say that an area deforested five times larger than Golden Gate Park has no environmental impact is ridiculous,” said Chad Hanson, an ecologist and co-founder of the environmental group John Muir Project.
Changing the rule would require completing a new rule creation process.
Hire a team more concerned with the environment: Biden appointed several environmental advocates and climate experts to important positions in Washington, marking a change from his predecessor, who often held positions with industry leaders.
Veteran regulator Michael Regan, secretary of the North Carolina Department of Environmental Quality, was appointed to head the EPA, replacing Andrew Wheeler, who worked as a lobbyist for the fossil fuel industry. Congresswoman Deb Haaland, DN.M., a member of the Native American group Pueblo of Laguna, was chosen to lead the Interior Department, replacing David Bernhardt, an agricultural lobbyist.
Meanwhile, Biden commissioned Gina McCarthy, President Obama’s EPA manager, of a new White House office on climate policy. Former Secretary of State John Kerry has been appointed to the new climate envoy position.
Blumenfeld, California’s top environmental regulator, said having qualified and experienced employees in Washington will help the leadership act quickly to fulfill Biden’s agenda and signal to government officials working in these offices that environment and climate are priorities.
“Imagine living the last four years. Very hardworking civil servants were held hostage by a kidnapper who really didn’t care what they did, ”said Blumenfeld. “I don’t think we can underestimate the damage that has been done. It will take years to undo. “
Kurtis Alexander is a writer for the San Francisco Chronicle. Email: [email protected] Twitter: @kurtisalexander