the restoration project · 2020. 11. 13. · the rssoai npsrjoi pci rnsonsi spi rs a i s oi nrsoai...

Submitted notice of intent to withdraw the United States from the Paris climate

agreement • Rescinded 2013 President's Climate Action Plan and 2014 Climate Action

Plan Strategy to Reduce Methane Emissions • Revoked Executive Order 13653

“Preparing the US for the Impacts of Climate Change” • Proposed doubling the time

allowed to remove lead pipes from community water systems with unsafe levels of

lead • Revised the New Source Review program to reduce the EPA’s oversight of industry

actions and protections from communities • Approved construction of the Dakota Access

Pipeline less than a mile from the Standing Rock Sioux Reservation • Exempting certain

types of power plants from limiting toxic discharge into public waterways • Weakened the

standards for fuel economy and greenhouse gas emissions for passenger cars and light

trucks • Reversed the position of the EPA and entered into a legal settlement with

a Canadian corporation seeking to build the Pebble Mine in Alaska’s Bristol Bay

watershed • Replaced the Clean Power Plan with a new version, the A�ordable Clean

Energy Rule, that would let states set their own standards for carbon emissions from coal

and gas-fired power plants • Weakened o�shore drilling safety regulations implemented

following the 2010 Deepwater Horizon explosion and oil spill • Revoked a presidential

directive for federal agencies to minimize impacts on water, wildlife, land and other natural

resources when approving development projects • Proposed opening most of America’s

coastal waters to o�shore oil and gas drilling • Allowed leases and permits for drilling in

the formerly closed Arctic National Wildlife Refuge • Reduced the size of two national

monuments in Utah • Proposed limiting the studies used by the EPA for rulemaking to only

those that make all data publicly available • Eliminated the EPA’s National Center for

Environmental Research which funds scientific research on children’s health and

environmental health disparities • Removed or struck climate change and associated text

from federal plans, reports, and websites • Reorganized the Department of Interior into

“super-regions”, removing career leadership and replacing them with political leadership

THE RESTORATION PROJECTReversing the Environmental Harms of the Trump Administration

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Introduction 3

Confronting and Collaborating on 7 Climate Change

Achieving Environmental Justice for All 11

Building Sustainable Economic Prosperity 15

Restoring Stewardship of America’s 19 Parks and Public Lands and Waters

Advancing Science for the Public Good 23

Restoring the Effectiveness of Federal Agencies 25

Conclusion 28 For More Information 29 The Restoration Project Team 29 Acknowledgements 29

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INTRODUCTIONThe four years of the Trump administration have witnessed an unprecedented assault on the environmental safety of our communities, the conservation of our natural resources, and the protection of our national heritage. The Trump administration failed to confront climate change or to collaborate with other countries in responding to this crisis. It rejected science and subverted scientific information critical to sound policy making, from regulating toxic chemicals to responding to the COVID-19 pandemic. It denied environmental justice for rural towns, tribal nations, suburban neighborhoods, and cities throughout America, particularly for underrepresented and underserved communities. It recklessly exploited public lands for development and eliminated vital land protections. The cumulative and future environmental harms perpetrated by the Trump administration threaten the well-being of the nation and have eroded our international leadership role.

While the damage is profound, the Biden administration can reverse these harms, restart and restore the nation’s commitment to clean air and water, thriving and sustainable communities, cherished parks and public lands, and shared economic prosperity. What is urgently needed is a restoration of American environmental values, and a tactical plan for accomplishing that essential project.

PURPOSEThe purpose of the Restoration Project is to provide President Biden’s transition team and administration a researched, curated, and prioritized list of the most immediate and important actions that can be achieved to reverse the environmental harms done by the Trump administration. These actions can be initiated and/or accomplished by executive order, administrative action, regulation, or policy during the first 100 days of the Biden presidency and throughout the first term of his administration. In some cases, the administration may call upon Congress for legislative action to reverse a harm.

SCOPEThe Restoration Project focuses on identifying critical environmental harms by the Trump administration, and describing the restorative actions needed to: 1. Reverse the degradation of environmental protection and lands and waters

stewardship,

2. Restart fundamental environmental policy, workforce, science, and public engagement programs that have been stopped, ignored, or sidelined, and

3. Restore the federal commitment to environmental protection and lands and waters stewardship.

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The restorative actions can be taken by the Office of the President, Environmental Protection Agency (EPA), Federal Energy Regulatory Commission (FERC), Council on Environmental Quality (CEQ), Army Corps of Engineers (ACE), and the Departments of the Interior (DOI), Agriculture (USDA), Treasury (USDT), Justice (DOJ), State (DOS), Transportation (USDOT), and Commerce (USDOC) as well as individual agencies within these departments such as the National Park Service (NPS) and the Bureau of Land Management (BLM).

The Restoration Project is not a “visioning” exercise or a framework for new initiatives to be undertaken by the Biden administration. It is a specific tactical plan to stop and reverse harms, restart critical programs, and restore protection and stewardship. These actions are essential to “clearing the way” for new initiatives and to create opportunities for further progress.

HOW THE REPORT IS ORGANIZEDThe report identifies and prioritizes 100 specific environmental harms done by the Trump administration. For each harm it provides a brief background to the issue, the restorative action needed to reverse the harm, and the office or agency of government responsible for the action.1 These are important tactical tools for change, and the report can be used as a reference guide by the Biden transition team and members of the new Biden administration.

Part I of the report (this document) introduces the Restoration Project and identifies as examples several crucial harms to be reversed. These harms are organized around six themes important to the Biden administration: • Confronting and Collaborating on Climate Change,• Achieving Environmental Justice for All,• Building Sustainable Economic Prosperity,• Restoring Stewardship of America’s Parks and Public Lands and Waters,• Advancing Science for the Public Good, and• Restoring the Effectiveness of Federal Agencies.

Part II of the report includes a list of all 100 harms in priority order, and then focuses on the 50 most critical harms to be reversed in the first 100 days of the Biden administration. These harms are ranked by priority and presented in a set of general categories (such as “Air and Water Pollution”) and by the agency responsible for action (such as the EPA). Part II also includes the additional 50 harms evaluated by the Restoration Project, providing the background, restorative action, and responsible agency for each harm.

1 Each harm is identified with a specific number corresponding to its priority order as evaluated by the Restoration Project team.

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HOW THE RESTORATION PROJECT DID ITS WORKThe Restoration Project began by the co-chairs assembling a diverse team of individuals with experience in government, science, non-profit organizations, law, and communications (the members of the Restoration Project team are listed at the end of this report). An inventory of harms was curated from a variety of sources (see the appendix in Part II for details). The Restoration Project team discussed, evaluated, and ranked each harm according to several key criteria: urgency, impact, scope, strategic benefit, and ease of action. The team met virtually through the summer and fall of 2020. The report was drafted by the co-chairs, reviewed by team members and a group of selected external reviewers, and revised.

A STRATEGY FOR ACTIONRestoring federal environmental protection and resource stewardship requires a strategy of urgent and accelerated action. The reversal of individual harms is often the administrative responsibility of a specific office, department, or agency of government, from the Office of the President to the Office of the EPA Administrator. Coordination is essential as many of the harms are interdependent—and reversing one harm may accelerate and assist the reversal of other critical harms. In addition, the first 100 days of the Biden administration provides the energy of a fresh administration and new leadership, public expectation of and support for action, and the potential to signal the direction of further progress.

The Restoration Project team recommends that the Biden administration publicly announce their intent to address as many of these harms in the first 100 days as possible. We also recommend that staff at the Council on Environmental Quality (CEQ) track the restorative actions initiated and/or accomplished by the relevant agencies and regularly report on progress to the President and to the American people.

Several examples from the full inventory of harms and their priority order number follow.

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Confronting and Collaborating on Climate ChangeThe science is clear: humans are warming the planet by continuing to burn fossil fuels and societies are already witnessing the adverse impacts of climate change. Each year that governments delay coherent action will make it harder and far more expensive for the planet to recover. Responding to climate change requires international cooperation, leadership and a coordinated response.

Through a series of orders by President Trump, the United States vacated its international role and thwarted the emerging response to climate change across all federal agencies. For the last four years, the Environmental Protection Agency and the Department of the Interior as well as other agencies were not only prevented from taking decisive action to address climate change but directed to foster greater development, use, and dependence on fossil fuels. Restoration requires the United States rejoin the Paris Agreement and restart domestic actions to shift our energy sector away from the burning of fossil fuels toward use of renewable, non-polluting, and sustainable sources.

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#1: Submitted notice of intent to withdraw the United States from the Paris climate agreementBACKGROUNDThe Paris Agreement was an addition to the United Nations Framework Convention on Climate Change, initially agreed to by all 195 countries including the United States at the December 2015 United Nations Climate Change Conference. Emissions targets for each nation were separately negotiated and are voluntarily enforced, leading United States officials to regard the Paris Agreement as an executive agreement rather than a legally binding treaty. This removed the requirement for the United States Congress to ratify the agreement. In April 2016, the United States became a signatory to the Paris Agreement, and accepted it by President Obama’s executive order in September 2016. On November 4, 2019, the Secretary of State of the Trump administration formally notified the United Nations that the United States would withdraw from the Paris Agreement. The withdrawal went into effect November 4, 2020.

RESTORATIVE ACTIONThe Biden administration can announce its intent to rejoin the Paris Agreement and publicly commit to the goals in the agreement.

RESPONSIBLE AGENCYOffice of the President

#2: Rescinded the 2013 President’s Climate Action Plan and 2014 Climate Action Plan Strategy to Reduce Methane EmissionsBACKGROUNDIn 2013 and 2014, President Obama issued the administration’s Climate Action Plan and the Climate Action Plan Strategy that set specific goals for reduction in carbon emissions, transition to renewable energy, and addressing climate change. In addition, the plans required significant reductions in methane emissions, a greenhouse gas that is often released into the atmosphere during oil and gas development. President Trump’s Executive Order (EO) 13873, issued in March 2017, specifically rescinded these two plans and called for all federal agencies to halt any climate change response and instead work on the opening of public lands for fossil fuel production and weakening of regulations on the release of greenhouse gases.

RESTORATIVE ACTIONThe Biden administration can update and release new versions of both the Climate Action Plan and the Climate Action Plan Strategy, set specific targets for the federal agencies, and revoke President Trump’s EO.


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#3: Revoked Executive Order 13653 “Preparing the US for the Impacts of Climate Change” BACKGROUNDExecutive Order 13653 “Preparing the United States for the Impacts of Climate Change” was issued by President Obama on November 1, 2013. The EO mandated a comprehensive, government-wide program to address climate change impacts and prepare for a rapidly changing climate. The EO addressed transportation, energy, public lands, infrastructure, natural resources, and active stakeholder engagement. The EO directed the agencies to manage climate risks with deliberate preparation, cooperation, and coordination in order to effectively improve resilience. Agencies were directed to coordinate and communicate across all levels of government and begin the transition to renewable energy and away from fossil fuels. The EO was rescinded by President Trump on March 28, 2017 and replaced with Executive Order 13783 “Promoting Energy Independence and Economic Growth” which eliminated many of the climate change directives and emphasized the development of oil, natural gas, coal, and nuclear energy resources.

RESTORATIVE ACTIONThe Biden Administration can revoke the Trump EO and replace it with a new one that both addresses climate change response and a renewed emphasis on renewable energy.


Fire in Yosemite National Park

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Achieving Environmental Justice for AllEnvironmental justice is the civic standard that all Americans have access to clean air and water, that their communities are safe places to live, learn, and work, and that they have affordable access to resources from healthy food to well-managed parks and open spaces. The Trump administration has weakened environmental protections, particularly those needed to provide environmental justice to underrepresented and underserved communities. It has failed to effectively respond to natural disasters such as Hurricane Maria and the COVID-19 pandemic. Urban communities of color, indigenous peoples, and US territories such as Puerto Rico have particularly been unjustly put at risk.

Restoration requires that the rules and regulations protecting these communities be reinstated and enforced, and that these communities be fully engaged in creating environmental justice for all Americans.

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#9: Proposed more than doubling the time allowed to remove lead pipes from community water systems with unsafe levels of leadBACKGROUNDExposure to lead has a serious impact on people’s mental capacity, especially children, who can suffer lifelong diminished learning capacity through exposure at even low levels. For years, the EPA has known that no level of lead exposure is “safe,” especially for children. As the crisis in Flint, Michigan laid bare, awareness of the issue and the inadequacy of rules surrounding prevention of lead exposure through water delivered to people’s homes grew. Despite national calls to improve those rules, the Trump administration’s EPA proposed regulations extending the timeline for removal of lead water pipes in November of 2019, with anticipated final regulations in the fall of 2020 (RIN:2040-AF15).

RESTORATIVE ACTIONThe Biden administration can withdraw the rule if it is not finalized. If it is final the Biden administration can announce in the Federal Register the beginning of a new rule process or request Congress to repeal it under the Congressional Review Act.

RESPONSIBLE AGENCYEnvironmental Protection Agency

#31: Revised the New Source Review program to reduce the EPA’s oversight of industry actions and protections for communities from pollutionBACKGROUNDThe New Source Review rules under the Clean Air Act were designed to safeguard communities from increases in pollution through a pre-construction permitting regime that requires facilities to install pollution control technology in certain instances. The revisions by the Trump administration create a more lenient New Source Review regime including policy guidance and regulations that combine to allow for much more harmful effects upon communities located near such facilities. Only a few of the rules are final and many are still in process.

RESTORATIVE ACTIONThe Biden administration via the EPA Administrator could repeal and replace the policy guidance on how the New Source Review program is implemented.


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#39: Approved construction of the Dakota Access Pipeline less than a mile from the Standing Rock Sioux ReservationBACKGROUNDThe Dakota Access Pipeline (DAPL) or Bakken pipeline is a 1,172-mile-long underground oil pipeline that runs from northwest North Dakota and continues through South Dakota and Iowa to an oil terminal near Patoka, Illinois. The Army Corps of Engineers (ACE) is responsible for evaluating and issuing permits for all water crossings under Section 404 of the Clean Water Act, and Sections 10 and 14 of the Rivers and Harbors Act of 1899. ACE permits are required for 202 crossings of the pipeline of jurisdictional waters. One such crossing was located at the Missouri River a half mile north of the Standing Rock Sioux reservation on aboriginal land of the Sioux Nation. Historic levels of protests against the Dakota Access Pipeline occurred on the project site north of the reservation because of concerns about the pipeline’s impact on the environment, including harm to downstream tribal water rights and treaty rights and to sites sacred to Native Americans. Based on the concerns raised by affected tribes, the Obama administration in the fall of 2016 paused the project calling for more in-depth environmental review. In Feb. 2017 the Trump administration announced it had adequate information to issue the permit. In 2020 a federal judge ruled that the DAPL must be emptied while the Army Corps of Engineers produces a more comprehensive environmental review through issuance of an Environmental Impact Statement (EIS) under NEPA instead of an environmental assessment. The issue remains in litigation and currently the pipeline can operate but the permit to expand is held (United States District Court for the District of Columbia, Case No. 1-16-cv-01534-JEB).

RESTORATIVE ACTIONThe Biden administration can comply with the district court’s order and seek to abandon the appeal and conduct an EIS under NEPA as ordered by the court. The administration can also explore other avenues for resolving this significant, environmental justice case in a manner that achieves its policy goals regarding indigenous rights and climate change.

RESPONSIBLE AGENCYArmy Corps of Engineers

Oil Pumpjacks at Sunset

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#42: Exempting certain types of power plants from limiting toxic discharge into public waterwaysBACKGROUNDOn September 30, 2015 the EPA finalized a rule revising the regulations for the Steam Electric Power Generating category (40 CFR Part 423). The rule sets the first federal limits on the levels of toxic metals in wastewater that can be discharged from power plants, based on technology improvements in the steam electric power industry over the last three decades. Beginning in 2018, power plants would have had to show they were using the most up-to-date technology to remove heavy metals including lead, arsenic, mercury, and other pollutants from their wastewater. In 2019, the EPA proposed amending the regulation to provide exemptions for power plants dumping toxic metals such as arsenic and mercury into waterways. The EPA issued a Federal Register Notice in November 2019. No final rule date is proposed.

RESTORATIVE ACTIONIf there is a final rule in 2020, the Biden administration can announce in the Federal Register the beginning of a new rule process or request Congress to repeal it under the Congressional Review Act.


Hurricane Maria, San Juan, Puerto Rico photo by Carl Juste for the Miami Herald

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Building Sustainable Economic ProsperitySustainable economic prosperity provides good jobs at good wages; workplace safety; affordable housing, education, and health care; opportunities for businesses to grow, new industries to flourish, and all Americans to share in the nation’s economic future. Sustainability also fosters innovation and invention, supply chain integrity, and reform of corporate purpose and governance. Environmental protection is a core strategy for building sustainable economic prosperity.

For example, Alaska’s Bristol Bay watershed supports a sustainable food supply, fishing economy, and local workforce; the proposed Pebble Mine development would permanently degrade that sustainable economy for short-term profit by a non-US corporation and temporary jobs.

The Trump administration has reversed, weakened or eliminated crucial environmental protections that protect our economy. Restoration of these protections is an essential step in building economic prosperity for all Americans.

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#5: Weakened the standards for fuel economy and greenhouse gas emissions for passenger cars and light trucksBACKGROUNDThe Trump administration rolled back the 2012 rule agreed to by automakers (the Corporate Average Fuel Economy, or CAFE) which required automakers’ fleets to average 54 miles per gallon by 2025 by implementing a new rule that requires automakers’ fleets to average 40 miles per gallon, a 26% reduction in efficiency. The final rule lowering the standard to 40 miles per gallon is expected sometime in 2020.

RESTORATIVE ACTIONIf the rule is finalized, the Biden administration can announce in the Federal Register the beginning of a new rule process or request Congress to repeal it under the Congressional Review Act. If the rule is not finalized, then the Biden administration can withdraw the rule.


#17: Reversed the position of the EPA and entered into a legal settlement with a Canadian corporation seeking to build the Pebble Mine in Alaska’s Bristol Bay watershedBACKGROUNDPebble Mine is a large porphyry copper, gold, and molybdenum mineral deposit in the Bristol Bay region of Southwest Alaska near Lake Iliamna and Lake Clark. The land is owned by the State of Alaska. The Pebble Mines Corporation holds mineral rights for 186 square miles of the area. In 2015 the EPA released its Proposed Determination limiting mining in the Bristol Bay region due to the irreversible and detrimental impacts it would have on the local salmon ecosystem. In 2019 the Trump administration revoked the Proposed Determination, clearing the way for the firm to apply for federal permits. In July 2020 the ACE declared in a final environmental analysis that the operation of Pebble Mine “would not be expected to have a measurable effect on fish numbers” in the Bristol Bay watershed. On August 24, 2020, the ACE issued a notice that stated it would be unable to issue a permit for the mine due to “significant degradation of the environment and would likely result in significant adverse effects on the aquatic system or human environment.”

RESTORATIVE ACTIONThe Biden Administration can initiate new procedures and analysis to block this proposal and any permits from the EPA or ACE.


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#18: Replaced the Clean Power Plan with a new version, the Affordable Clean Energy Rule, that would let states set their own standards for carbon emissions from coal and gas-fired power plantsBACKGROUNDThe Clean Power Plan issued by the Obama administration would have set strict federal limits on carbon emissions from coal- and gas-fired power plants. The Trump administration’s plan replaces these limits with varying and less stringent emission standards set by the states. Three implementing final rules were published in April 2019. All three are in litigation.

RESTORATIVE ACTIONThe Biden administration can announce in the Federal Register the beginning of a new rule process or request Congress to repeal one or more of the rules under the Congressional Review Act. The Biden administration could also intervene in the courts, reversing the position of the Trump administration.


#46: Weakened offshore drilling safety regulations implemented following the 2010 Deepwater Horizon explosion and oil spillBACKGROUNDFollowing the Deepwater Horizon explosion and oil spill, the DOI underwent a significant reorganization and issued rules and guidance to fill regulatory gaps in emergency response and operational oversight for offshore drilling. These included enhanced requirements for blowout prevention systems, worker safety, clean-up, and inspections. The new regulations promoted by the Trump administration weaken these requirements, posing heightened risk from deepwater drilling activities that can harm marine and coastal environments and local economies. In September of 2018, the Bureau of Safety and Environmental Enforcement (BSEE) issued a final rule regarding Gulf oil spill, safety and clean-up.

RESTORATIVE ACTIONThe Biden administration can announce in the Federal Register the beginning of a new rule process or request Congress to repeal it under the Congressional Review Act.

RESPONSIBLE AGENCYDepartment of the Interior

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Restoring Stewardship of America’s Parks and Public Lands and WatersSince the establishment of Yellowstone National Park in 1872, the United States has been a world leader in the protection of nationally significant lands like the Arctic National Wildlife Refuge, the Boundary Waters Canoe Area Wilderness, and Chaco Culture National Historical Park.

In addition, Atlantic and Pacific Ocean beaches and coastal ecosystems have been protected to provide storm mitigation, recreation, and access for millions of people. These lands and waters--which belong to all Americans while acknowledging the enduring and traditional Native homelands--are to be legally protected for future generations. The Trump administration has brazenly violated that trust, showing no restraint in opening these lands and coastal waters for industrial development that will leave them irreparably harmed.

Restoration of the protections of our parks and public lands and waters will restore the promise that they are for the “benefit of the people” including future generations.

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#4: Revoked a presidential directive for federal agencies to minimize impacts on water, wildlife, land and other natural resources when approving development projectsBACKGROUNDPresident Obama issued a Presidential Memorandum on November 3, 2015 “Mitigating Impacts on Natural Resources from Development and Encouraging Related Private Investment” which underscored the importance of effectively mitigating adverse impacts to land, water, wildlife, and other ecological resources and having clear and consistent approaches to impact avoidance, minimization, and compensatory mitigation. President Trump issued Executive Order 13783 “Promoting Energy Independence and Economic Growth” which revoked the Obama Memorandum and placed a priority on economic development rather than conservation of air, water, wildlife, parks and public lands. This has resulted in a cascade of effects to the resources of the nation, from delisting of endangered species to the opening of public lands to development.

RESTORATIVE ACTIONThe Biden administration can revoke and replace Executive Order 13783 and issue new guidance to the federal agencies to restore conservation as a priority.


#7: Proposed opening most of America’s coastal waters to offshore oil and gas drillingBACKGROUNDUnder the Continental Outer Shelf Lands Act of 1953 (OCSLA), in January 2017 a final five-year plan (2017-2022) and Record of Decision was issued for oil and gas leasing on specific areas of the Outer Continental Shelf. The plan did not include leasing proposals in the north or mid-Atlantic and portions of the Arctic Ocean. In December of 2016, using his authority under Section 12(a) of OCSLA, President Obama withdrew most of the OCS in the Atlantic and Arctic Oceans, protecting beaches and coastlines from impact. On April 28, 2017, President Trump issued Executive Order 13795 directing the Secretary of the Interior to revise the Obama five-year plan and revoked Obama’s 12(a) withdrawals. The Secretary issued Secretarial Order 3350 on May 1, 2017, which further directed BOEM to develop a new National Outer Continental Shelf Oil and Gas Leasing Program. The Draft Proposed Plan for the 2019-2024 Program would make more than 98% of the Outer Continental Shelf resources available for oil and gas leasing during that period. A federal judge ruled in March of 2019, that President Trump’s reversal of President Obama’s Section 12(a) withdrawal of drilling in the Atlantic and Arctic Oceans was unlawful. The case is on appeal. More recently, the Trump administration issued a Presidential Memorandum under Section 12(a) of OCLSA that withdrew portions of the Atlantic and Gulf of Mexico off the shore of Florida in response to southern Governors’ opposition to oil and gas development offshore.

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RESTORATIVE ACTIONThe Biden administration can continue implementation of the Obama era 5-year plan as well as begin planning on the new 5-year plan. The Biden administration can also drop the legal defense of President Trump’s attempt to reverse the Obama moratorium on coastal water oil and gas leasing based on the Alaska district court ruling and abide by the Obama era Section 12(a) withdrawal. The Biden administration should also address President Trump’s most recent Section 12(a) withdrawal of the southern Atlantic OCS from energy development to confirm its scope to only fossil fuel development.


#13: Allowed leases and permits for drilling in the Arctic National Wildlife RefugeBACKGROUNDThe 19-million-acre Arctic National Wildlife Refuge was established by Congress in 1960 to protect its fragile ecosystem, abundant wildlife such as caribou and polar bears, and the subsistence of Native Alaskans. It has been legislatively protected from oil and gas exploration for over the last 50 years. The 2017 tax bill passed by the Republican-controlled House and Senate lifted the ban on oil and gas development in portions of the Arctic National Wildlife Refuge. Since then the Trump administration has been aggressively pursuing the leasing of 1.5 million acres of the Refuge for oil and gas development. The BLM has completed an EIS to allow the leasing to proceed, but the agency has not yet identified a date for the lease sale. Meanwhile the BLM is processing an application for seismic testing on the Coastal Plain of the Refuge that, if approved, could start as soon as January 2021.

RESTORATIVE ACTIONEven if a lease sale is held before the change in administration, formally issuing an oil lease often takes months to complete, which may give the Biden Administration the ability to void the lease sale results. The new administration could also restart the NEPA process, refuse to issue permits for exploration, and seek Congressional action on restoring the protection of the Refuge.


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#16: Reduced the size of two national monuments in UtahBACKGROUNDThe designation of national monuments is an executive power of the President established under the Antiquities Act of 1906. It has been used by almost all Presidents since Teddy Roosevelt to protect federally owned lands and waters for their unique historic and scientific resources. In 1996, President Clinton established the Grand Staircase Escalante National Monument on 1.8 million acres of BLM lands by proclamation, prompting controversy in the nearby Utah communities. Since then, the monument has become a popular destination benefiting local economies. On December 28, 2016, President Obama established Bears Ears National Monument on 1.3 million acres in Utah managed by the BLM, USFS and NPS. Bears Ears National Monument was designated following extensive public meetings, opportunities for local government input, and meaningful tribal support, as well as some local opposition. On December 4, 2017, President Trump ordered that the Grand Staircase Escalante National Monument be reduced in size by nearly 47% to 1,003,863 acres and Bears Ears National Monument by 85%. Trump’s action represents the largest reduction of public lands protection in US history. Because presidential authority to reduce an established national monument in size presents a novel legal question, the Trump administration is currently defending the unlawful revocation of these two monuments (among others) in federal court.

RESTORATIVE ACTIONThe Biden administration can abandon the legal defense of President Trump’s revocation of these national monuments and confirm the long-standing position that the Antiquities Act does not permit successor presidents to dismantle prior presidents’ designations of national monuments. President Biden can restore both of these national monuments by Proclamation. The Biden administration can also legally challenge any mining claims that have been located and rescind any land use authorizations that have been issued within the boundaries of the original monuments.


Native American Inter-Tribal representatives gather to support protection of Bears Ears.

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Advancing Science for the Public GoodThe American scientific enterprise, including scientists in the public sector, has been the world leader in advancing scientific discovery and applications for the benefit of society. The Trump administration has carried out a dangerous and unwarranted attack on federal science—cutting its resources, interfering with its work, undermining its credibility, and chilling its voice.

Present and future challenges from stopping the COVID-19 pandemic to reducing climate change and responding to its harmful environmental and social impacts will require science for the public good. Restoration requires that scientific integrity be reinstated, critical funding be restored, and the federal government replace disinformation with candid, truthful sharing of the best available sound science.

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#6: Proposed limiting the studies used by the EPA for rulemaking to only those that make all data publicly availableBACKGROUNDIn 2018, the EPA proposed a rule that would restrict the agency from considering studies that do reveal raw data, including confidential or personal identifying information. This restriction would have a chilling effect on epidemiological studies that enroll human subjects, such as those examining lifetime effects of exposure to potentially hazardous chemicals. A supplementary rule expands this exclusion to include dose-response models, a critical study tool of environmental toxicology that is needed to inform rulemaking. This rule would allow the EPA to “cherry-pick” its data regardless of the consensus over toxicological or epidemiological data available for a given hazardous chemical. The rule would be retroactive, allowing the EPA to undo previous regulations by discounting the underlying scientific studies. The EPA anticipates a final rule in late 2020.

RESTORATIVE ACTIONThe Biden administration can repeal the rule if it is not final. If it is final, the Biden administration can announce in the Federal Register the beginning of a new rule process or request Congress to repeal it under the Congressional Review Act.


#49: Eliminated the EPA’s National Center for Environmental Research which funds scientific research on children’s health and environmental health disparitiesBACKGROUNDThe EPA’s National Center for Environmental Research (NCER) is perhaps best known for its research on the effects of chemicals on children’s health. The NCER provides grants to Children’s Environmental Health and Disease Prevention Research Centers, which were established in 1988 to discover methods to reduce children’s health risks from environmental factors. The Trump administration announced in February 2018 a reorganization of the EPA, terminating the NCER and reassigning its scientists to other programs at EPA. The EPA completed the reorganization and eliminated this office.

RESTORATIVE ACTIONThe Biden administration can re-establish the NCER and return NCER scientists to its programs.


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Restoring the Effectiveness of Federal AgenciesPrior to the Civil Service Reform Act of 1883 federal government employees were hired and fired at will by the political party of the President. For the past 130 years, federal civil service employees have been hired and promoted based on training, education, skill and merit, and cannot be fired for their political affiliations. The federal agencies tasked with protecting the US environment are staffed with career employees dedicated to the laws and policies derived from science, scholarly research, public input, legislation, court rulings, and precedent. They serve the American public regardless of the politics of an individual President.

The Trump administration has taken punitive action against these career public servants, has ignored science, law, precedent, ethics, existing policy, and public input in support of President Trump’s personal and political agenda. This is a violation of public trust. When career public servants have raised legitimate objections to this approach they have been threatened with and endured reassignments, involuntary transfers, and budget cuts. Restoration of civil service professionals’ ability to serve the public is essential to a functional democracy and to address environmental degradation that will impact the lives of all residents of the United States.

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#15: Removed or struck climate change and associated text from federal plans, reports, and websites BACKGROUNDThe Trump administration has often substituted inaccurate terms such as “resiliency” for “climate change”; systematically altered US Government websites to eliminate mention of climate change (notably by the DOI and EPA); struck “climate change” and associated text from the Federal Emergency Management Agency (FEMA) strategic plan; dropped climate change from list of national security threats; and removed the word “science” from EPA’s Office of Science and Technology mission statement.

RESTORATIVE ACTIONThe Biden administration can issue an executive order or multiple agency directives to reinstate climate change in all appropriate federal plans, reports, websites, and communications.


#37: Reorganized the Department of the Interior into “super-regions”, removing career leadership and replacing them with political leadership BACKGROUNDEach of the bureaus of the DOI have specific environmental responsibilities. The US Fish and Wildlife Service (USFWS) protects wildlife refuges and enforces the Endangered Species Act. The NPS manages and protects national parks and historic sites across the country. The BLM manages lands for a variety of purposes ranging from wilderness areas and national monuments to grazing and energy development. The Bureau of Indian Affairs (BIA) implements vital programs and serves federally recognized Indian tribes as part of US trust responsibility. These fundamental roles do not change with each elected administration, though priorities may shift. The Trump administration worked to undermine the effectiveness of the career employees in each of these essential agencies. The Secretary of the Interior issued a Memorandum in July 2019 that reorganized the department into new regional boundaries, created new political leadership positions, and forced career employees to move to new geographic locations. This effort essentially removes career public servants from direct contact with their elected leadership, including Congress.

RESTORATIVE ACTIONThe Biden administration can rescind this DOI reorganization.


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A NOTE ABOUT THE CONGRESSIONAL REVIEW ACTA significant number of the harms to the environment perpetrated by the Trump administration are in the form of federal regulations that will be finalized by the end of their term of office. Under some circumstances, such as a final rule published within the last 60 days of the administration (only the days the Congress is in session are counted), the new rule will be subject to the Congressional Review Act. The Congressional Research Service defined the Congressional Review Act (CRA) as “an oversight tool that Congress may use to pass legislation overturning a rule issued by a federal agency.” It is procedurally complex with specific timelines and legislative requirements. Under a joint resolution passed by both the House and the Senate and signed by the President, a regulation that has been submitted to Congress may be overturned and rendered non-enforceable. In addition, the CRA prohibits the establishment of any new rule that is “substantially the same” as the rule that was overturned. This term “substantially the same” is not defined and is subject to interpretation by Congress and the courts.

The Restoration Project team does not specifically recommend which final rules be submitted to Congress to be overturned but recognize the possibility of this path to restoration. We note the Trump administration and the Republican-led Congress in 2017 used the CRA to overturn 14 environmental regulations promulgated under President Obama, including regulations that were older than the 60-day requirement.

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CONCLUSIONThe Restoration Project provides a tactical plan for the first 100 days of executive action by the Biden administration. Part II of the Restoration Project report includes the 50 most crucial harms to be reversed in the first 100 days, and the additional harms for further action.

These actions can help reset the foundation of federal engagement on issues of environment upon which the Biden administration can shape important new programs, initiatives and directions. Executing the recommendations of the Restoration Project will signal a renewed conservation and environmental commitment and demonstrate effective action by a new and determined American leadership.

Tornado recovery, Dayton, Ohio

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FOR MORE INFORMATIONFor more information on the Restoration Project, contact the co-chairs Jonathan Jarvis ([email protected]) or Gary Machlis ([email protected]).

A pdf version of this report can be found at: rproject.world

THE RESTORATION PROJECT TEAMJonathan Jarvis (co-chair), Pinole, CaliforniaGary Machlis (co-chair), Central, South Carolina

Anne Castle, Denver, Colorado Joel Clement, Wayne, MaineJorge Colón, San Juan, Puerto RicoClarence J. Fluker, Washington, DCDestry Jarvis, Baltimore, MarylandRobert Keiter, Salt Lake City, UtahJim Kurth, Centreville, Virginia Glenn Plumb, Livingston, MontanaDebra Shore, Chicago, IllinoisRenee Stone, Chevy Chase, MarylandTom Tidwell, McCall, Idaho

ACKNOWLEDGEMENTSThe Restoration Project was completed with the volunteer and pro bono efforts of the project team. Project support was provided by a grant from the Resources Legacy Fund. The co-chairs thank several external reviewers for their comments and suggestions for improving the report. A debt of gratitude is owed for the diligent research by Madeline Duda and the web-based evaluation tool design and execution by Corbin Kolehmainen. Design of the report was the work of Janet Tauszik. The background, status, restorative action and responsible agency information were adapted, summarized, and updated from a variety of sources including the Federal Register, the US Office of Information and Regulatory Affairs, individual federal agency websites, and multiple news outlets or advocacy organizations including the New York Times, the Center for Western Priorities, the Washington Post, the National Geographic Society, and the Environment and Energy Law program at Harvard Law School.

the restoration project · 2020. 11. 13. · the rssoai npsrjoi pci rnsonsi spi rs a i s oi nrsoai...

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