Policy News: January 31, 2022

In this issue:

Congress
House leadership unveils legislation reauthorizing the National Science Foundation and the Department of Energy Office of Science.

Executive Branch
Interior Department seeks nominations for the Invasive Species Advisory Council.

Courts
Supreme Court to hear Clean Water Act case.

States
Utah State Legislators considering plan to save the Great Salt Lake from drought.

International
UN seeks input about possible topics for the Ocean and Climate Change Dialogue.

Scientific Community
The National Science Board releases The State of U.S Science and Engineering 2022 report.

Federal Register opportunities

Congress

Research Policy: The House leadership unveiled the America COMPETES Act (H.R. 4521). This broad innovation and competitiveness act includes measures reauthorizing the Department of Energy Office of Science and the National Science Foundation (NSF). This bill is the House’s version of the U.S. Innovation and Competition Act (S. 1260), which passed the full Senate during summer 2021. The NSF and DOE science provisions in the new COMPETES bill are largely similar to the NSF for the Future Act and Department of Energy Science for the Future Act, which passed the House this past summer. ESA endorsed the NSF for the Future Act in May 2021.

The NSF provisions of the America COMPETES Act creates a new NSF Directorate for Science and Engineering Solutions. This bill tasks the new directorate with accelerating research and development to advance solutions to pressing societal challenges, including climate change and sustainability, global competitiveness, STEM education and workforce and social and economic inequality. According to a summary from Speaker of the House Nancy Pelosi (D-CA), the House bill takes a “do no harm” approach to NSF’s existing directorates and structures the new directorate so that NSF’s current work is not put at risk. The bill also includes the Combating Sexual Harassment in Science Act (H.R. 2695), the STEM Opportunities Act (H.R. 204), the MSI STEM Achievement Act (H.R. 2027) and Rural STEM Education Research Act (H.R. 210).

The Department of Energy authorizes up to six bioenergy research centers and research in earth and environment systems science, including new initiatives in coastal zone research and engineered ecosystems.

The full bill is nearly 3,000 pages long. For more information about the bill, see the summary of the bill and the section-by-section overview.

Lawmakers have submitted over 500 amendments to the America COMPETES Act. The House Rules Committee will consider these amendments during a hearing tomorrow, Feb. 1. 

Conservation: The House Natural Resources Committee approved the Recovering America’s Wildlife Act (H.R. 2773). This bill provides a combined $1.4 billion annually to state and tribal fish and wildlife agencies for conservation and the implementation of state wildlife action plans. ESA and other scientific societies have endorsed previous versions of the Recovering America’s Wildlife Act.

The House version of the bill does not specify a funding source for the bill. Lawmakers voted down amendments from Natural Resources Committee Ranking Member Bruce Westerman (R-AR) that would have designated funding sources for the bill. The Senate companion bill funds the program through penalties paid for natural resources and environmental violations. However, Environment and Public Works Chairman Tom Carper (D-DE) has expressed concerns that the revenues from environmental penalties are unreliable. The House Natural Resources Committee did not consider environmental penalties as a funding source. Bill sponsor Rep. Debbie Dingell (D-MI) said she would work with Republicans to find a funding mechanism before the bill reaches the House floor.

There is broad bipartisan support for the bill. The lead sponsors in the Senate are Sens. Martin Heinrich (D-NM) and Roy Blunt (R-MO) and the lead sponsors in the House of Representatives are Reps. Debbie Dingell (D-MI) and Jeff Fortenberry (R-NE).

Climate: The House Sustainable Energy and Environment Coalition announced that the group has formed three task forces, one focused on climate and agriculture, another focused on climate and national security and a power sector task force. These groups will work to ensure that legislation, including the Farm Bill, the annual National Defense Authorization Act, the annual appropriations bills and the Build Back Better Act include robust climate provisions. The House Sustainable Energy and Environment Coalition is a group of more than 70 House Democrats.

Legislative updates:

• Sen. Chris Coons (D-DE) and Rep. Scott Peters (D-CA) introduced legislation (H.R. 6461 & S. 3531) that requires the federal government to develop a National Climate Adaptation and Resilience Strategy and authorizes a chief resilience officer position in the White House. The bill has bipartisan support – Sen. Lisa Murkowski (R-AK) and Rep. Maria Salazar (R-FL) are lead co-sponsors.
• Rep. Pramila Jayapal (D-WA) and other Congressional progressives introduced the Climate Resilience Workforce Act (H.R. 6492). This bill creates a White House Office of Climate Resilience, creates grants for climate resilience jobs and funds the development of regional, state, local and community-based climate resilience action plan.

Executive Branch

White House: President Biden met with the President’s Council of Advisors on Science and Technology after a meeting of the council, which focused on efforts to improve monitoring of greenhouse gas emissions and accelerate innovation in energy technology. View the White House readout.

Invasive Species: The Biden administration is reconstituting the Invasive Species Advisory Council (ISAC). This committee advises the National Invasive Species Council which provides high-level interdepartmental coordination of federal invasive species actions and works with federal and non-federal groups to address invasive species issues at the national level.

In 2019, the Trump administration disbanded the ISAC and cut funding for the National Invasive Species Council (NISC) secretariat by 50 percent. Former ISAC members Laura Meyerson, James Carlton, Daniel Simberloff and David Lodge published an editorial in Frontiers in Ecology and the Environment explaining the importance of federal leadership in invasive species policy and decrying the cuts to NISC.

NISC is now accepting nominations for members to the newly reestablished ISAC (see Department of the Interior’s press release).  

Details on how and where to submit nominations during the open period are provided in the Request for Nominations published in the Federal Register. More information on the ISAC can be found on the NISC website. 

The 60-day open nomination period will close on Monday, March 28, 2022. For any questions on the ISAC, or the nomination process, contact ISAC coordinator Kelsey Brantley at kelsey_brantley@nullios.doi.gov or through the NISC general e-mail at invasive_species@nullios.doi.gov.

EPA: The agency released a list of nominees to serve on the Clean Air Scientific Advisory Committee (CASAC) Ozone Review Panel. This body will review the EPA’s scientific review of current ozone pollution standards. In 2019, the Trump administration opted to keep ozone pollution standards the same. The Biden administration announced this is it revisiting that decision in 2021. Comments on the nominees should be sent to the EPA no later than Feb. 11, 2022.

USFWS: The agency is proposing listing the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti) as an endangered species. This butterfly is native to New Mexico. This proposed rule contrasts the Fish and Wildlife Service’s 2004 and 2009 determinations that the species did not warrant protections. The agency determines that drought associated with climate change has worsened habitat conditions for the Sacramento Mountains checkerspot butterfly. Public comments on the proposed rule close March 28, 2022.

More News:

• Tightened federal water protections won’t slow some projects – Associated Press
• White House tees up historic $1B Everglades funding – E&E News
• Has Biden followed the science? What researchers say – Nature
• New federal wildfire plan is ambitious – but the Forest Service needs more money and people to fight the growing risks – The Conversation
• EPA acts on environmental justice in 3 Gulf Coast states – Associated Press
• On anniversary of Biden’s EJ order, is Justice40 delivering? – E&E News

Courts

Clean Water Act: In what will be one of the most important final environmental rulings in the history of the U.S., the Supreme Court granted certiorari  when it will decide the appropriate definition of “waters of the United States” (WOTUS) in the Clean Water Act (CWA).

In the case, the Court will hear, Sackett v. EPA, the Sackett’s sought a CWA Section 404 permit to develop wetlands on their property that was denied. At question is the ruling made over 15 years ago in Rapanos v. United States.  

According to Venable law firm, in “Justice Kennedy’s “significant nexus” test from Rapanos, the courts concluded that the wetlands on the Sacketts’ property have a significant nexus to a nearby lake and are therefore waters of the United States. The Sacketts have argued consistently (with support of the Pacific Legal Foundation) that they do not need a permit to develop their land because Justice Scalia’s “continuous surface connection” test is the controlling law from Rapanos.”

Currently, the Biden administration EPA is establishing a “durable” definition of WOTUS that’s informed by a “diverse perspectives and protects public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and industries that depend on clean water.” The EPA may issue a final rule before the oral arguments that are scheduled for next fall in the Supreme Couty chamber in Washington, DC.

The Supreme Court may not issue its ruling until 2023. ESA and other science societies have supported the 2015 definition of WOTUS that is based in sound science including endorsing an amicus brief in a former court case. ESA anticipates that many environmental and science societies will be submitting amicus briefs to the Supreme Court supporting the 2015 WOTUS definition that would protect wetlands.

More News:

• Prosecutors drop China Initiative case against MIT’s Gang Chen – Science
• Former Arkansas Prof Pleads to Lying About Chinese Patents – Inside Higher Education
• Supreme Court Takes Affirmative Action Cases – Inside Higher Education
• Mountain Valley Pipeline loses permit to cross through Jefferson National Forest – The Roanoke Times
• Lawsuit alleging oil companies misled public about climate change moves forward – National Public Radio

States

• New Va. AG pulls out of Supreme Court climate case – E&E News
• University regents adopt Maunakea management plan after hours of public testimony – Hawaii Public Radio
• Trump EPA Chief’s Bid For Top Virginia Environmental Post Likely Doomed – The Huffington Post
• The proposed plan to save the Great Salt Lake from drought – Deseret News
• Alaska Supreme Court narrowly dismisses youths’ climate change lawsuit – Anchorage Daily News

International

Climate: The United Nations Climate Change Secretariat and the Chair of the Subsidiary Body for Scientific and Technological Advice (SBSTA) are seeking input from stakeholders about possible topics for the Ocean and Climate Change Dialogue. This dialogue will be held in conjunction with the 2022 session of the Subsidiary Body for Scientific and Technological Advice. The Glasgow Climate Pact invited the SBSTA Chair to hold an annual Ocean and climate change dialogue and prepare an informal summary report that is made available to the Conference of Parties at each subsequent session.

More News:

• Ecuador expands protections around Galápagos, creating ‘a new highway’ for sea life – The Washington Post

Scientific Community

NSF: The National Science Board released its biennial The State of U.S. Science and Engineering 2022 report. The report finds that the U.S. plays an important role in global research and development but further action is needed to address urgent problem, such as disparities in U.S. K-12 STEM education and student performance across demographic and socioeconomic categories and geographic regions. Other findings include that together, the U.S. (27% of the global total) and China (23%), perform about half of global R&D. Articles by authors with U.S. affiliations remain the most highly cited, followed by those from authors with affiliations in China and the European Union.

NCA: The Youth Environmental Alliance in Higher Education and the Rutgers Climate Institute will host a special event for university and high school students Feb. 15 from 7-9pm EST to discuss the Fifth National Climate Assessment. Attendees will have the chance to hear from the authors of the assessment and discuss how the report can learn from and reflect the concerns of young people in the U.S. The National Climate Assessment is a congressionally mandated quadrennial report led by the U.S. Global Change Research Program. The report evaluates the effects of climate change on regions and sectors of the United States and reports on trends in climate change for the next 25 to 100 years. Register for the event here.

National Academies: According to the NAS website, a new booklet from the National Academies of Sciences, Engineering and Medicine provides an easy-to-read overview of biodiversity and why it is vital to the health of all life on the planet. Former ESA President Ann Bartuska chaired the committee that wrote the consensus report.

The booklet, written by an international committee of experts and intended for policymakers and the public, examines the causes of biodiversity loss and presents actions that can be taken at all levels to stop this decline. Halting and reversing the biodiversity crisis will require systemic changes to the ways we build, farm, and live, the booklet says. Individual actions also have an important role to play, and the booklet outlines how individuals can change their habits to benefit biodiversity.

NAS will host a webcast entitled “Climate Conversations: Biodiversity”  Thursday, Feb. 24, 2022 from 3-4pm ET that includes discussion of the new consensus study. Register to attend.

IPBES: A press release announced that the Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES) selected six new co-chairs – three each to lead work on two major new multi-year international scientific assessments.
 
The IPBES assessment of the interlinkages among biodiversity, water, food and health (the ‘Nexus Assessment’) will be led by Prof. Paula Harrison (UK) from the UK Centre for Ecology & Hydrology; Prof. Pamela McElwee (USA) from Rutgers, the State University of New Jersey; and Dr. David Obura (Kenya) of CORDIO East Africa.
 
The IPBES assessment of the underlying causes of biodiversity loss, the determinants of transformative change, and options for achieving the 2050 vision for biodiversity (the ‘Transformative Change Assessment’) will be co-chaired by Prof. Arun Agrawal (India & USA) from the University of Michigan; Prof. Lucas Garibaldi (Argentina) from the National University of Río Negro; and Prof. Karen O’Brien (USA & Norway) from the University of Oslo. Visit this link to read the entire press release.

Yale Forum on Religion and Ecology: Six online courses framed as “Religions and Ecology: Restoring the Earth Community” are now available through Yale University and the Coursera online learning platform. The courses are free to audit and available anywhere in the world. Community mentors are provided for each course for further support and engagement. Go here to see the full list of courses and find out more details.

More News:

• Biodiversity faces its make-or-break year, and research will be key – Nature
• Americans’ trust in science now deeply polarized, poll shows – Associated Press

ESA Correspondence for Policymakers

• ESC – Statement to the Secretary of Energy Advisory Board On the Critical Role the DOE Office of Science Plays in Responding to the Climate Challenge and Clean Energy Transition (Jan. 18, 2022)
• ESC – Statement in support of Asmeret Berhe to be the Director of the DOE Office of Science (Jan. 18, 2022)
• Multiorganization letter in support of the Department of Health and Human Service (HHS) Office of Climate Change and Health Equity (Nov. 18, 2021)
• ESC – Recommendation to the White House Office of Management and Budget for FY 2023 Budget (Nov. 9, 2021)
• CNSF – Recommendations to the White House Office of Management and Budget for FY 2023 Budget (Nov. 5, 2021)
• CNSF – FY 2022 Appropriations Conference Committee Statement (Nov. 2, 2021)

View more letters and testimony from ESA here.

Federal Register Opportunities

Upcoming Public Meetings:

• BLM – Public Meetings of the San Juan Islands National Monument Advisory Committee, Washington (Feb. 3)
• BLM – Alaska Resource Advisory Council Meetings (Feb. 8)
• BLM – Public Meetings of the Idaho Resource Advisory Council (Feb. 16)
• EPA – Board of Scientific Counselors Executive Committee Meeting (Feb. 3-4)
• EPA – Clean Air Act Advisory Committee Meeting (Feb. 9)
• EPA –  Public Meeting of the Chartered Clean Air Scientific Advisory Committee (CASAC) and CASAC Particulate Matter Panel (Feb. 25-28)
• Forest Service – Shasta County Resource Advisory Committee Meeting (Feb. 2)
• NOAA NMFS – New England Fishery Management Council Public Meeting (Feb. 1-3)
• NOAA NMFS – Gulf of Mexico Fishery Management Council Coral Advisory Panel and Scientific and Statistical Committee Meetings (Feb. 7-8)
• NOAA NMFS – Caribbean Fishery Management Council Meeting (Feb. 9)
• NOAA NMFS – Mid-Atlantic Fishery Management Council Public Meetings (Feb. 8-9)
• NOAA NMFS – South Atlantic Fishery Management Council Scientific and Statistical Committee Meeting (Feb. 11)
• NOAA NMFS – East Coast Climate Change Scenario Planning Webinars (Feb. 14 & 23)
• NOAA NMFS – Mid-Atlantic Fishery Management Council Research Steering Committee Meeting (Feb. 16)
• NPS – Acadia National Park Advisory Commission Meetings (Feb. 7)
• NSF – Committee on Equal Opportunities in Science and Engineering Meeting (Feb. 17-18)
• USFWS & Forest Service – Alaska Subsistence Regional Advisory Council Meetings for 2022 (Feb. 8 – Mar. 24)

Opportunities for Public Comment and Nominations:

• BLM – Notice of Intent To Amend Land Use Plans Regarding Greater Sage-Grouse Conservation and Prepare Associated Environmental Impact Statements. Comments may be submitted in writing until Feb. 7, 2022.
• BLM – Call for Nominations to the Missouri Basin and Western Montana Resource Advisory Councils. All nominations must be received no later than Feb. 11, 2022.
• BLM – Notice of Availability of the Pine Valley Water Supply Project Draft Environmental Impact Statement, Beaver and Iron Counties, UT. The BLM must receive written comments on the proposed PVWS Project Draft EIS by Feb. 22, 2022.
• BLM – Notice of Intent To Amend the 1995 Florida Resource Management Plan and To Prepare an Associated Environmental Assessment. Comments must be submitted in writing by Feb. 22, 2022.
• Delaware River Basin Commission – Notice of Proposed Methodology for the 2022 Delaware River and Bay Water Quality Assessment Report. Comments on the assessment methodology or recommendations for the consideration of data sets should be submitted in writing before 5:00 p.m. Eastern on Feb. 18, 2022.
• EPA and Army Corps of Engineers – Revised Definition of “Waters of the United States”. Comments must be received on or before Feb. 7, 2022.
• EPA and NOAA – Coastal Nonpoint Pollution Control Program: Proposal To Find That Louisiana Has Satisfied All Conditions of Approval Placed on Its Coastal Nonpoint Pollution Control Program. Individuals or organizations wishing to submit comments on the proposed findings document should do so by Feb. 28, 2022.
• NOAA – Review of Nomination for Hudson Canyon National Marine Sanctuary. Comments are due by Feb. 7, 2022.
• NOAA – Public Comment on the Annotated Outline of the Fifth National Climate Assessment. Comments must be submitted by Feb. 20, 2022.
• NOAA – Review of Nomination for Mariana Trench National Marine Sanctuary. Written comments must be received by Feb. 22, 2022.
• NOAA – Notice of Availability of a Draft Management Plan and Draft Environmental Assessment for the Channel Islands National Marine Sanctuary; Announcement of Public Meetings. Comments are due by Feb. 24, 2022.
• NOAA NMFS – Endangered and Threatened Wildlife and Plants; Removal of Johnson’s Seagrass From the Federal List of Threatened and Endangered Species and Removal of the Corresponding Designated Critical Habitat. NMFS proposes to remove Johnson’s seagrass (Halophila johnsonii) from the Federal List of Information and comments on the subject action must be received by Feb. 22, 2022.
• NOAA NMFS – Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List the Sunflower Sea Star as Threatened or Endangered Under the Endangered Species Act. Scientific and commercial information pertinent to the petitioned action must be received by Feb. 25, 2022.
• NOAA NMFS – Pacific Island Fisheries; Garapan Fishing Base Shoreline Revetment. NMFS must receive comments by Feb. 28, 2022.
• NPS – Notice of Intent To Prepare an Environmental Impact Statement for a Bison Management Plan for Yellowstone National Park, Idaho, Montana, Wyoming. All comments must be received or postmarked by Feb. 28, 2022.
• NRCS – Proposed Revisions to the National Handbook of Conservation Practices for the Natural Resources Conservation Service. The agency will consider comments that received by Feb. 18, 2022.
• USFWS – Endangered and Threatened Wildlife and Plants; Removal of 23 Extinct Species From the Lists of Endangered and Threatened Wildlife and Plants; Ivory-Billed Woodpecker. USFWS will accept comments on the ivory-billed woodpecker proposed delisting that are received or postmarked on or before Feb. 10, 2022.
• USFWS – Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Canelo Hills Ladies-Tresses. USFWS must receive any comments on or before Feb. 14, 2022.
• USFWS – Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Parachute Beardtongue. USFWS must receive any comments on the draft recovery plan on or before Feb. 14, 2022.
• USFWS – Endangered and Threatened Wildlife and Plants; Draft Recovery Plan for Meltwater Lednian Stonefly (Lednia tumana) and Western Glacier Stonefly (Zapada glacier). USFWS must receive any comments on the draft recovery plan on or before Feb. 14, 2022.
• USFWS – Endangered and Threatened Wildlife and Plants; Incidental Take Permit Application; Proposed Low-Effect Habitat Conservation Plan and Associated Documents; County of San Diego, California. USFWS will accept comments received or postmarked on or before Feb. 14, 2022.
• USFWS – Enhancement of Survival Permit; Agricultural Candidate Conservation Agreement With Assurances (CCAA) for Lesser Prairie Chicken in Oklahoma. USFWS will accept comments received or postmarked on or before Feb. 17, 2022.
• USFWS – Endangered and Threatened Wildlife and Plants; Threatened Species Status With Section 4(d) Rule for Cactus Ferruginous Pygmy-Owl. USFWS will accept comments received or postmarked on or before Feb. 22, 2022.
• USFWS – Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Ford Ridge Wind Project, Ford County, Illinois; Categorical Exclusion. USFWS will accept comments received or postmarked on or before Feb. 24, 2022.
• USFWS – Draft Environmental Assessment and Proposed Habitat Conservation Plan; Receipt of an Application for an Incidental Take Permit, Sugar Creek Wind Project, Logan County, Illinois. USFWS will accept comments received or postmarked on or before Feb. 25, 2022.
• USFWS – Endangered and Threatened Wildlife and Plants; Foothill Yellow-Legged Frog; Threatened Status With Section 4(d) Rule for Two Distinct Population Segments and Endangered Status for Two Distinct Population Segments. USFWS will accept comments received or postmarked on or before Feb. 28, 2022.

Visit this page on ESA’s website for updates on opportunities from the Federal Register, including upcoming meetings and regulations open for public comment.

ESA’s policy activities work to infuse ecological knowledge into national policy decisions through activities such as policy statements, Capitol Hill briefings, Congressional Visits Days, and coalition involvement. Policy News Updates are bi-monthly summaries of major environmental and science policy news. They are produced by the Public Affairs Office of the Ecological Society of America.

Send questions or comments to Alison Mize, director of public affairs, Alison@nullesa.org or Nicole Zimmerman, public affairs manager, Nicole@nullesa.org

Visit the ESA website to learn more about our activities and membership