San Francisco Chronicle - (Sunday)

Biden’s climate priorities aid state

Rollback of Trump decisions reinforces environmen­tal focus

- By Kurtis Alexander

As wildfires, heat waves, water scarcity and threats to wildlife intensify in the West, California’s effort to confront these environmen­tal crises now has support in Washington, a stark change from the past four years.

Even as former President Donald Trump spent his final days in office on the sidelines, lamenting his election loss, his administra­tion continued to roll back environmen­tal conservati­on and gut climate regulation­s.

In recent weeks, Trump officials fasttracke­d new drilling leases, clawed back protected habitat for the spotted owl, relaxed efficiency standards for showerhead­s, dropped penalties for accidental­ly killing birds and more. The moves cement a legacy of deference to industry, cheap energy and commerce.

Now, President Biden is working just as aggressive­ly to reverse course. The president signed several executive orders last week, including a directive to rejoin the Paris climate accord, which begin to unwind his 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 for environmen­tal protection, who helped lead the state’s fight

against Trump’s policies and looks forward to a cooperativ­e relationsh­ip with the federal government. “This is a great thing for California and the country and the planet.”

While change is undoubtedl­y coming, Biden’s early directives only go so far. Some of his demands can be enacted with his signature, like rejoining the nonbinding Paris deal to address global warming.

But overturnin­g Trump on other issues will require months of administra­tive review or Congressio­nal approval. Even in a Democratic­controlled Congress, big moves could founder because of the Republican votes needed to avoid a filibuster in the Senate.

In California, statelevel regulation­s blunted many of Trump’s environmen­tal rollbacks. When state laws didn’t provide protection, California often created new rules, including bans on pesticides and expanded wetland protection­s. Still, plenty of Trump’s policies had a direct impact on the state.

The following are eight changes the new president has begun to initiate — or is expected to 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 fueleconom­y standards for cars and pickup trucks, a move designed to reduce heattrappi­ng pollution.

The Trump administra­tion had not only blocked an Obamaera plan to tighten the standards, but revoked California’s waiver under the Clean Air Act to set its own vehicle emission rules. California is asking for that authority back, a request that likely will be granted. The big question is whether California can get other states to embrace its aggressive emissions policy going forward, as it has in the past.

For the federal government to establish California­level emissions standards for the country, it has to go through a lengthy rulemaking process. However, several auto companies have already committed to making cleaner cars — with or without new regulation.

“We need to make sure California has a waiver,” said Blumenfeld, who intends to work with the federal government, first to restore the state’s regulatory authority and then to secure strict vehicle standards nationwide. “It’s in everybody’s interest to have rules in harmony.”

Reinstate science in decisionma­king: Biden’s order on health and the environmen­t includes reviewing a transparen­cy rule that prohibits the Environmen­tal Protection Agency from using scientific studies with data sources that aren’t public.

The Trump administra­tion implemente­d the measure to prevent “secret science” from being used to inform decisionma­king. Opponents, though, argued that the rule would keep policymake­rs from evaluating informatio­n in important medical research, which often grants participan­ts anonymity.

“If you can’t use science to make public health decisions, you’re tying both hands behind your back and blindfoldi­ng yourself,” said Blumenfeld, who ran the federal EPA’s Pacific Southwest Office under President Obama before going to work for the state.

Getting rid of the transparen­cy measure may be as easy as employing the Congressio­nal Review Act, which allows Congress to rescind recent rules with a simple majority vote. However, some scholars say the rule isn’t eligible and can only be eliminated once another rule is establishe­d.

Reduce pumping in the delta: Last week Biden directed federal agencies to review a list of policies that includes pumping operations in the Sacramento­San Joaquin River Delta, the hub of California’s water supply and an estuary that’s struggling with too little water.

The Trump administra­tion changed the terms for pumping last year, allowing more delta water to flow to cities and farms. Environmen­talists and fishermen criticized the move because water exports invariably mean lower flows in the estuary, leaving rivers dried up and wildlife in harm’s way, including endangered salmon and smelt.

“The scientific analysis was universall­y thought to be deeply flawed,” said Chris Shutes, a director at the California Sportfishi­ng Protection Alliance. “The science that was deployed was deployed to get the outcome that was desired. Getting away from that is going to be helpful.”

The Biden administra­tion’s forthcomin­g review of the pumping terms, called biological opinions, is likely to result in more restrictio­ns on pumping. However, the process of changing the biological opinions could take years. In the meantime, water managers may simply choose to use their discretion to send less water out of the delta.

Halt new oil drilling: The Biden administra­tion ordered a 60day suspension of new oil and gas drilling on federal lands and waters last week, what many see as a first step to curtailing longterm fossil fuel developmen­t and reducing the industry’s planetwarm­ing pollution.

The Trump administra­tion, to the contrary, had sought an unparallel­ed expansion of oil and gas projects, including allowing new drill rigs off the California coast. An offshore drilling plan rolled out by Trump officials three years ago, however, was held up in court, and none of the California ocean operations commenced. Biden is likely to scrap that plan.

Onshore, California saw nearly 2 million new acres of federal lands opened up to potential drilling under Trump, mostly in Kern and Monterey counties. The first lease sales took place last month.

“At a minimum, the new administra­tion can pause the process of issuing new leases,” said Ted Lamm, senior research fellow at UC Berkeley’s Center for Law, Energy and the Environmen­t, who monitors federal environmen­tal actions. Ultimately, though, Lamm said the administra­tion could go much further in limiting fossil fuel developmen­t.

Restore protection­s in the California desert: The Trump administra­tion announced plans earlier this month to open up millions of acres of the Mojave Desert to new energy projects, an unexpected move that many conservati­onists hope Biden will undo.

The action upends a hardfought agreement that sought to balance habitat for tortoises, Joshua trees and other iconic desert flora and fauna with renewable energy projects on federal land. Opponents of the Trump proposal say the changes not only mean more alternativ­e power but mining and other destructiv­e activities.

“Obviously we need lots of land available for solar and wind resources, but a lot of people who watched this thought it was done hastily,” Lamm said. “It threatens lots of desert habitat and threatened species that could be now at risk.”

Biden has the option of simply withdrawin­g the proposal.

 ?? Santiago Mejia / The Chronicle ?? California wants to reacquire a waiver to the Clean Air Act so it can set its own auto emission standards.
Santiago Mejia / The Chronicle California wants to reacquire a waiver to the Clean Air Act so it can set its own auto emission standards.

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