{"id":12280,"date":"2017-01-27T12:00:20","date_gmt":"2017-01-27T17:00:20","guid":{"rendered":"https:\/\/esa.org\/esablog\/?p=12280"},"modified":"2017-01-27T12:00:20","modified_gmt":"2017-01-27T17:00:20","slug":"special-policy-news-5-the-transition","status":"publish","type":"post","link":"https:\/\/esa.org\/esablog\/2017\/01\/27\/special-policy-news-5-the-transition\/","title":{"rendered":"Special Policy News 5: The Transition"},"content":{"rendered":"

Our Society is only as strong as our members. <\/span><\/b>Have you <\/span><\/b>renewed<\/span><\/b><\/a> for 2017?<\/span><\/b><\/h1>\n
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We are keeping you up-to-date with a Federal Agency Transition Tracker<\/a><\/span>.<\/em><\/h3>\n

Read ESA\u2019s letter to President Trump<\/span> asking him to protect scientific integrity and independence. <\/em><\/a><\/span><\/h3>\n
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In This Issue:<\/strong><\/h1>\n

\u201cExpedited Environmental Reviews and Approvals\u201d<\/a><\/strong><\/span><\/span><\/h3>\n

An executive order directs the Council on Environmental Quality to speed review of \u201chigh priority\u201d projects.<\/p>\n

Muzzling Administrative Agencies<\/a><\/strong><\/span><\/h3>\n

EPA, USDA, DOE and others swept by confusing and contradictory guidance pending approval of new \u201cinterim procedures.\u201d<\/p>\n

Senate Confirmation Hearings <\/a><\/strong><\/span><\/h3>\n

Four confirmed by Senate and sworn in; many hearings, votes and delays in a crush Tuesday.<\/p>\n

Congressional<\/a> and<\/span> Legislative<\/a> Updates<\/span><\/strong><\/span><\/h3>\n

House active introducing and moving bills of environmental and policy concern; Senate largely distracted by crush of nomination hearings.<\/p>\n

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Administration Focus on \u201cExpedited Environmental Reviews and Approvals\u201d<\/strong><\/h2>\n

President Trump signed an executive order<\/a> Tuesday, January 24, directing the still unnamed chair of the White House Council on Environmental Quality to exercise broad authority for \u201cexpediting environmental reviews and approvals for high priority infrastructure projects,\u201d mandating a thirty day decision timeline. President Trump commented, \u201cAnd if it\u2019s a no, we\u2019ll give them a quick no. And if it\u2019s a yes, it\u2019s like let\u2019s start building.\u201d That goal, however, could be complicated by existing provisions of the National Environmental Policy Act, as well as potential state challenges.<\/p>\n

The expedited review order is seen as benefitting the Dakota Access and Keystone XL pipelines and possible infrastructure projects such as highways, airports, transmission lines and ports. The National Governors Association (NGA) has circulated a list of more than 300 potential \u201cemergency and national security projects,\u201d purportedly received as a spreadsheet from the Trump transition team, which could benefit from the new order. However, White House spokeswoman Lindsay Walter and a representative of the transition team both contend the list did not originate with them. Elena Waskey, a NGA spokeswoman replied, \u201cIf they\u2019re saying it\u2019s not a transition team document, I don\u2019t really have an answer for you.\u201d<\/p>\n

The NGA sent a December 16 letter to the states seeking 3 to 5 project suggestions from each state \u201c. . . that might be incorporated into a future infrastructure investment program.\u201d Projects named include a new terminal for the Kansas City airport, I-95 improvements in North Carolina and Pennsylvania, as well as dams, water projects, and rail lines. A purported copy of the priority list was obtained by McClatchy\u2019s Kansas City Star<\/em> and The News Tribune<\/em> and posted online<\/a>.<\/p>\n

The order will also likely ease regulatory approval for construction of the \u201cborder wall,\u201d which the President expects to begin \u201cwithin months.\u201d Legal scholars anticipate challenges to both the Dakota Access and Keystone pipelines. The Dakota pipeline, under the Mineral Leasing Act, must await a review by the Army Corps of Engineers of the impacts on the Sioux nation and tribal treaty rights. The Keystone project, however, would likely be immune to legal challenge as it would be advanced under a presidential permit process for cross-border pipelines, first established in 1968 by President Lyndon Johnson and subsequently upheld by courts as unreviewable.<\/p>\n

Bill Snape, senior counsel at the Center for Biological Diversity, observed, \u201cI\u2019m not sure at this point what the NEPA process is going to yield us as an action at the president.\u00a0 This is why electing the president matters.\u201d He continued, \u201cThe president does get some authority to decide this international permit.\u201d<\/p>\n

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Muzzling Administrative Agencies<\/strong><\/h2>\n

The first days of this week saw tremendous disarray and confusion as an apparent Administrative directive instructed several agencies, including the Environmental Protection Agency (EPA), the U.S. Department of Agriculture (USDA) and its Agricultural Research Service (ARS) and the Department of Health and Human Services, to halt release of any public facing documents, pending approval of \u201cinterim procedures\u201d until new administrators are in place.<\/p>\n

The strong wording of the emails circulated on Monday, January 23, elicited a sharp recoil and rebuke by many of the agencies\u2019 scientists. For example, ARS chief Sharon Drumm\u2019s email said: \u201cStarting immediately and until further notice, ARS will not release any public-facing documents. This includes, but is not limited to, news releases, photos, fact sheets, news feeds, and social media content.\u201d EPA\u2019s guidance included a freeze on grants programs and a directive to remove the climate change web page from its site. Indeed the White House\u2019s own climate change web page was already gone less than an hour after President Trump was sworn in.<\/p>\n

The ARS memo appears to have been issued independent of any coordination within the USDA. Acting USDA deputy administrator Michael Young commented, in an interview with The Washington Post<\/em>, \u201cThe ARS guidance was not reviewed by me. I would not have put that kind of guidance out.\u201d<\/p>\n

By Tuesday afternoon, however, the Administration began walking back the directives, characterizing the agency emails as a misinterpretation and overreaction to comments made by \u201cbeachhead\u201d teams, the teams coordinating operations in advance of administrators\u2019 arrivals. Myron Ebell, of the Competitive Enterprise Institute and a prominent climate change denier who led the EPA\u2019s transition team, commented, \u201cMy guess is the web pages will be taken down, but the links and information will be available.\u201d<\/p>\n

Reviews of the original, internal USDA memo by Reuters and other media outlets characterized the actions as largely similar to those taken by the Obama administration in January 2009. The new memo, however, differs in that it sought to centralize media inquiries and social media through the Secretary, and it prohibited USDA agencies from closing an office or notifying local officials of pending office closures.<\/p>\n

A subsequent email Tuesday evening rescinded the previous guidance:\u00a0 \u201cYesterday, we sent an email message about Agency informational products like news releases and social media contact,\u201d wrote ARS administrator Chavonda Jacobs-Young. She continued, \u201cThis internal email was released prior to receiving official Departmental guidance and is hereby rescinded.\u201d<\/p>\n

However, anonymous USDA sources noted that some restrictions are still in place. A Forest Service Director commented, in an interview with Gizmodo, that \u201cWe are still embargoed from certain forms of communications, such as posting any notices in the Federal Register.\u201d The source continued, \u201cI have been in the Forest Service for decades and during political transitions things like hiring freezes are common, as are reviews of regulations. No biggie usually, we\u2019re professionals and we roll with it. In this case, the clamp-down has been weirdly draconian.\u201d<\/p>\n

Another change in science communication worth mentioning is the decision by the Centers for Disease Control and Prevention (CDC) to abruptly cancel a long-planned conference on climate change and health. An anonymous co-sponsor of the event was told by a CDC contact that the agency was concerned about how the Trump administration would view the conference. However, as of today, the conference is back on, but is being sponsored by NGOs rather than the CDC. Al Gore was a key player in making this happen.<\/p>\n

ESA sent a letter to President Trump asking him to protect scientific integrity and independence.<\/strong><\/em><\/a><\/span><\/p>\n

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Transition Update<\/strong><\/h2>\n

The new administration and Republican Congress have already overwhelmed the news cycle, mainly with distracting issues such as Inauguration Day crowds, allegations of hugely massive voter fraud, agency \u201cgag orders,\u201d and disappearing web pages. Meanwhile, both congressional chambers have introduced legislation affecting science, conservation, and the environment.<\/p>\n

House Republicans introduced and moved along many bills of concern to the Ecological Society of America. Some have even been passed, such as the REINS Act<\/a> and Midnight Rules Relief Act. The Senate also has introduced a number of bills, but legislative action there has been largely crowded out by the crush of Administration nomination hearings. Four nominations have been approved, some are proceeding, and some nominations have been stalled.<\/p>\n

Senate Confirmation Hearings:<\/strong><\/h3>\n

As of Tuesday, January 24, four of President Trump\u2019s cabinet nominations have been confirmed by the Senate before it adjourned that evening for Republican and Democratic planning retreats continuing through Friday.<\/p>\n

Secretary of Defense, General James Mattis<\/strong> (U.S. Marine Corps, Retired), confirmed 98-1 on January 20 and was sworn in that evening by Vice President Pence.<\/p>\n

Secretary of Homeland Security, General John Kelly<\/strong> (U.S. Marine Corps, Retired), confirmed 88-11 on January 20 and was also sworn in that evening.<\/p>\n

Director of Central Intelligence, former Representative Mike Pompeo<\/strong> (R-KS), confirmed 66-32 on January 23 and sworn in that evening.<\/p>\n

United Nations Ambassador, former Governor Nikki Haley<\/strong> (R-SC), confirmed 95-4 on January 24 and sworn in the next morning by Vice President Pence.<\/p>\n

Secretary of State nominee, Rex Tillerson<\/strong> (former ExxonMobil CEO) was advanced by a party-line 11-10 vote of the Senate Foreign Relations Committee Monday, with a confirmation vote of the full Senate expected next week.<\/p>\n

Environmental Protection Agency nominee, Oklahoma Attorney General Scott Pruitt <\/strong>(R-OK) faced a heated hearing before the Senate Committee on Environment and Public Works on January 18. Pruitt\u2019s nomination raises troubling questions about legal conflicts of interest. As Oklahoma\u2019s attorney general, he has filed or joined at least 13 lawsuits against the EPA; eight are still pending. Lawsuit topics include challenges to \u201chaze reduction\u201d rules; ethanol fuel mandates, the Clean Power Plan; regulation of greenhouse gasses; Clean Water Act rules; regulations on methane emissions at oil and natural gas sites; and suits to compel Freedom of Information Act requests for communications records between federal agencies and nonprofit environmental groups. In that hearing, Pruitt asserted that these suits would not present a conflict of interest affecting his role as EPA Administrator, if confirmed.<\/p>\n

Senator Tom Carper (D-DE), ranking committee member, led a Democrats-only panel reviewing Pruitt\u2019s record as attorney general on January 25. Participants in the panel unanimously agreed that Pruitt has initiated no lawsuits defending the environment, rather broadly opposing clean air and water protections. Senator Carper released over 200 questions asked to Pruitt<\/a> with his responses during his hearing<\/strong>. A new hearing or vote on Pruitt\u2019s nomination is not yet scheduled.<\/p>\n

On a related note, The Washington Post<\/em> is reporting that Myron Ebell, EPA transition team lead, would slash the EPA budget. <\/a><\/strong><\/p>\n

Health and Human Services nominee, Representative Tom Price<\/strong> (R-GA) faced a heated Senate Finance Committee hearing Tuesday morning with Democrats pressing him on potential conflicts of interest involving his purchase of medical and pharmaceutical stocks. Price was questioned sharply about the future of the Affordable Care Act.<\/p>\n

Attorney General nominee, Senator Jeff Sessions<\/strong> (R-AL) saw a scheduled Tuesday vote postponed by the Senate Judiciary Committee, of which he is a member. Ranking minority member Senator Dianne Feinstein (D-CA) requested the delay, which was routinely approved under established procedure. A committee vote is now expected on January 31.<\/p>\n

Commerce nominee, Wilbur Ross<\/strong> (billionaire investor and Republican donor) was advanced without objection by a voice vote of the Senate Commerce, Science and Transportation Committee Tuesday, Jan. 24.<\/p>\n

Transportation nominee, Elaine Chao<\/strong>, (former Secretary of Labor under President George W. Bush and wife of Majority Leader Senator Mitch McConnell, R-KY) was advanced by that same Commerce Committee voice vote.<\/p>\n

Office of Management and Budget nominee, Representative Mick Mulvaney<\/strong> (R-SC) faced a hearing of the Senate Budget Committee in the morning and another by Homeland Security and Governmental Affairs that afternoon.<\/p>\n

Other Tuesday Senate confirmation action saw Housing and Urban Development nominee, Dr. Ben Carson<\/strong> (retired neuro-surgeon and former presidential candidate) advance without objection by a voice vote of the Senate Banking Committee; Health and Human Services nominee, Representative Tom Price <\/strong>(R-GA) faced a hearing by the Senate Finance Committee; Small Business Administration nominee, Linda McMahon <\/strong>(former World Wrestling Entertainment CEO and onetime Republican Senate candidate) faced a hearing of the Senate Committee on Small Business and Entrepreneurship where she was introduced by her home state of Connecticut Senators Richard Blumenthal (D-CT) and Christopher Murphy (D-CT), her onetime opponents in 2010 and 2012 respectively.<\/p>\n

Energy nominee, former Governor Rick Perry<\/strong> (R-TX and former presidential candidate) and Interior nominee, Representative Ryan Zinke <\/strong>(R-MT) had been scheduled for Tuesday morning votes by the Senate Energy and Natural Resources Committee. However, those votes were postponed \u201cindefinitely\u201d without explanation by committee Chairwoman Senator Lisa Murkowski (R-AK). Ranking Member, Senator Maria Cantwell (D-WA) has voiced concern about Perry\u2019s plans for Energy and possible budget and program cuts, though she identified no outstanding issues with Zinke\u2019s nomination. Observers have speculated that Democrats will likely allow Zinke to advance and be confirmed, in part to remove him as a potential challenger to Senator John Tester (D-MT) in 2018.<\/p>\n

Education nominee, Betsy DeVos<\/strong> (Republican activist, billionaire) has seen her scheduled Tuesday vote postponed by the Senate Committee on Health, Education, Labor and Pensions until January 31 due to unresolved financial and ethical disclosures. DeVos serves on several of her family\u2019s trusts, positions she intends to retain. At least one of those trusts has an indirect financial stake in a chain of for-profit colleges.<\/p>\n

Newly Nominated:<\/strong><\/h3>\n

Secretary of Agriculture, former-Governor Sonny Perdue<\/strong> (R-GA), was nominated Monday, January 23. Hearings before the Senate Committee on Agriculture, Nutrition, and Forestry are not yet scheduled.<\/p>\n

Governor Perdue has a strong background in agriculture\u2014raised on a farm, trained as a veterinarian, owned a grain and fertilizer business\u2014and agriculture is the largest business sector in Georgia. Many are concerned that Perdue favors large-scale agribusiness at the expense of family farms, environmental protection and animal welfare.\u00a0 Perdue, in a May 2014 article in the National Review, characterized climate science as a \u201crunning joke among the public\u201d and \u201cso obviously disconnected from reality.\u201d<\/p>\n

Governor Perdue is a cousin of Senate Agriculture member David Perdue (R-GA), but is not related to the Perdue chicken interests.<\/p>\n

ESA sent a letter to President Trump asking him to protect scientific integrity and independence.<\/strong><\/em><\/a><\/p>\n

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Congressional Updates<\/strong><\/h2>\n

Climate Solutions Caucus Adds New Members<\/strong>
\nThe bipartisan House Climate Solutions Caucus has added five new members<\/a> \u2013 four Republicans and one Democrat. Three Republicans \u2013 Rep. Elise Stefanik (R-NY), Rep. Brian Fitzpatrick (R-PA), and Rep. Mia Love (R-UT) \u2013 replace members from the 114th Congress who retired or lost their seats. The two others \u2013 Rep. Don Beyer (D-VA) and Rep. Brian Mast (R-FL) \u2013 grow the caucus\u2019s ranks to 20. The caucus, focused on finding solutions to climate change, is evenly divided between Democrats and Republicans.<\/p>\n

House Appropriations Subcommittee Republican Rosters Announced<\/strong>
\nOn Jan. 11, House Appropriations Chairman Rodney Frelinghuysen (R-NJ) announced GOP membership for the twelve Appropriations subcommittees. View the press release and list of subcommittee members and chairs<\/a>.<\/p>\n

House Energy and Commerce Subcommittee Democratic Rosters Announced<\/strong>
\nOn Jan. 12, Energy and Commerce Ranking Member Rep. Frank Pallone, Jr. (D-NJ) announced the Democratic membership for the six Energy and Commerce subcommittees. View the press release and list of subcommittee members<\/a>.<\/p>\n

House Agriculture Subcommittee Chairmen Announced<\/strong>
\nOn Jan. 13, House Agriculture Committee Chairman Mike Conaway (R-TX) announced the subcommittee chairmen for the 115th<\/sup> Congress. View the press release and list of chairs<\/a>.<\/p>\n

House Natural Resources Subcommittee Ranking Members Announced<\/strong>
\nOn Jan. 24, House Natural Resources Committee Democrats announced five subcommittee ranking members. View the press release and list of ranking members<\/a>.<\/p>\n

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Legislative Updates<\/strong><\/h2>\n

Passed Congress<\/strong><\/h4>\n