{"id":12468,"date":"2017-02-27T12:48:11","date_gmt":"2017-02-27T17:48:11","guid":{"rendered":"https:\/\/esa.org\/esablog\/?p=12468"},"modified":"2017-02-27T12:48:11","modified_gmt":"2017-02-27T17:48:11","slug":"special-policy-news-7-the-transition","status":"publish","type":"post","link":"https:\/\/esa.org\/esablog\/2017\/02\/27\/special-policy-news-7-the-transition\/","title":{"rendered":"Special Policy News 7: 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
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In This Issue:<\/strong><\/h1>\n

Transition Update<\/a><\/strong><\/h3>\n

Pruitt Begins at Environmental Protection Agency<\/a><\/strong><\/span>
\nNewly confirmed and sworn in, Environmental Protection Agency Director Scott Pruitt met with agency staff, broad changes hinted<\/p>\n

Zinke Cloture Vote Set for February 27<\/a><\/span>
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Other cloture and confirmation votes to follow<\/p>\n

Endangered Species Act in Jeopardy<\/a><\/strong><\/h3>\n

Republicans seek to \u201cmodernize\u201d the Act<\/p>\n

Congressional Review Act Repeals of Obama-era Regulations<\/a><\/strong><\/h3>\n

Obama rules issued since June 13, 2016 may be up for disapproval, broader sweep may reach back earlier
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Scientific Integrity Act Introduced in Senate<\/a><\/strong><\/h3>\n

S.338 would codify scientific integrity policies enacted following 2009 executive order<\/p>\n

Executive Order<\/a><\/strong><\/h3>\n

Executive order from President Trump on federal regulations<\/p>\n

Congressional <\/a>and Legislative Updates\u00a0<\/a><\/strong><\/h3>\n

More subcommittee rosters and leadership announced; resolutions targeting\u00a0Obama-era regulations; many new bills of interest<\/p>\n

Federal Register<\/a><\/strong><\/h3>\n

Upcoming meetings and opportunities for public comment<\/p>\n

Quick Reads<\/a><\/strong><\/h3>\n

NSF National Science Board meeting and changes to Systematics and Biodiversity Science Cluster, administration sued over bee listing, congressional environmental scorecard, and more<\/p>\n

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Pruitt begins at Environmental Protection Agency<\/strong><\/h2>\n

Newly confirmed and sworn in, Environmental Protection Agency administrator Scott Pruitt had his first meeting Tuesday, February 21, with agency staff anxious about broad changes. In an 11 minute speech, Pruitt asked listeners to give him a chance before judging. He also, however, hinted at broad changes on his agenda. Without getting into specifics, Pruitt described an approach built on civility and federalism. He emphasized, \u201cI seek to ensure that we engender the trust of those at the state level.\u201d<\/p>\n

Pruitt\u2019s confirmation to be the director of the Environmental Protection Agency (EPA) was almost a strictly partisan 52-46 Senate vote on Friday, February 17. Only Republican Senator Susan Collins (R-ME) opposed Pruitt while two Democrats, Senators Heidi Heitkamp (D-ND) and Joe Manchin (D-WV), voted with the Republican majority. Senator Collins voiced a concern shared by many voting in opposition: \u201cHis actions leave me with considerable doubts about whether his vision for the EPA is consistent with the agency\u2019s critical mission to protect human health and the environment.\u201d<\/p>\n

Democrats fiercely opposed Pruitt\u2019s nomination, staging an overnight debate Thursday in an ultimately unsuccessful effort to delay his final confirmation. The final vote was held at 1 p.m., as scheduled by the majority leader, and Pruitt was sworn in as the EPA\u2019s 14th<\/sup> administrator later that evening.<\/p>\n

Earlier in the week, Tuesday February 14, the Democratic members of the Senate Environment and Public Works Committee, led by Ranking Member Tom Carper (D-DE), sent a letter to Majority Leader Mitch McConnell (R-KY) seeking a delay on the vote pending a court-ordered release of emails from Pruitt\u2019s time as Oklahoma attorney general. \u201cThe majority leader said no,\u201d Carper said at a news conference Thursday, February 16. \u201cHe was not rude about it, but he said no.\u201d<\/p>\n

Emails were released Wednesday, February 23, in compliance with a court ruling in the Center for Media and Democracy\u2019s suit to enforce a January 2015 open records request. The messages showed a pattern of Pruitt\u2019s close cooperation with fossil fuel interests, particularly Devon Energy, an oil and gas exploration and production company based in Oklahoma City. This aspect of the story continues to develop as readers wade through some 3,500 emails.<\/p>\n

Meanwhile, expectations are high for sweeping changes at EPA under Pruitt\u2019s leadership. In an interview with The Wall Street Journal<\/em>, Pruitt questioned EPA\u2019s authority to regulate carbon.\u00a0 \u201cThere will be a rule-making process to withdraw those rules, and that will kick off a process,\u201d Pruitt said. \u201cAnd part of that process is a very careful review of a fundamental question: Does EPA even possess the tools, under the Clean Air Act, to address this? It\u2019s a fair question to ask if we do, or whether there in fact needs to be a congressional response to the climate issue.\u201d In that same interview, Pruitt also signaled his support for withdrawing the Clean Power Plan and the Waters of the U.S rule, a rule that defines which waters and marshes fall under the jurisdiction of the EPA and the Army Corps of Engineers.<\/p>\n

President Trump is expected to issue executive orders to roll back both the Clean Power Plan and the Waters of the U.S. rule in the coming week.<\/p>\n

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Zinke Nomination to See Cloture Vote Monday, Others to Follow<\/strong><\/h2>\n

Representative Ryan Zinke\u2019s (R-MT) nomination for Interior secretary is scheduled for a cloture vote in the Senate, Monday evening, February 27, moving it to the near final step before his expected confirmation. The vote will follow the scheduled 7 p.m. confirmation vote for Wilbur Ross as Commerce secretary.<\/p>\n

Zinke, like Energy nominee Rick Perry (R-TX), cleared his\u00a0committee hearing with broad bi-partisan support. Senate Energy and Natural Resources Committee Chairwoman Lisa Murkowski (R-AK) had hoped Zinke could be confirmed last week, before the recess, but anticipated the resulting delay.<\/p>\n

Senate Minority Leader Chuck Schumer (D-NY) commented to reporters on Friday, February 17, that he had offered to confirm a nominee that day if Republicans would give Democrats a delay on Scott Pruitt\u2019s EPA nomination. The offer was rebuffed. The cabinet confirmation votes are now expected in the order announced last week by Majority Leader Mitch McConnell (R-KY)\u2014 Zinke for Interior, then retired-neurosurgeon Ben Carson for Housing and Urban Development, followed by former-governor Rick Perry (R-TX) for Energy.<\/p>\n

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Endangered Species Act in Jeopardy<\/strong><\/h2>\n

The Senate Committee on Environment and Public Works held a hearing on \u201cmodernizing\u201d the Endangered Species Act (ESA) on Wednesday, February 15. Committee Chairman Senator John Barrasso (R-WY) led the two-hour meeting. In opening remarks Barrasso claimed the act \u201cis not working today,\u201d particularly land use and management plans in Western states.<\/p>\n

House Natural Resources Committee Chairman Rob Bishop (R-UT) has previously promised a fight to repeal the ESA saying, \u201cIt has never been used for the rehabilitation of species.\u201d Senator James Inhofe (R-OK) echoed that assertion when he repeated Chairman Barrasso\u2019s note that of 1,600 species listed under the ESA as threatened or endangered, only 50 have been removed. ESA supporters pointed to additional successes in stabilizing and recovering populations.<\/p>\n

The committee heard from a diverse panel: former Wyoming Governor David Freudenthal, North Carolina Wildlife Resources Commission Executive Director Gordon Myers, and Wisconsin Farm Bureau Federation President James Holte, representing Republican positions, and Defenders of Wildlife Chief Executive Jamie Rappaport Clark and Association of Zoos and Aquariums Chief Executive Daniel Ashe, both former directors of the U.S. Fish and Wildlife Service (FWS), representing Democrats.<\/p>\n

Each of the Republican witnesses declined to respond to a question by Ranking Member Tom Carper (D-DE), citing science and conservation journals, if they believed that the Earth is seeing a sixth mass extinction. Both Clark and Ashe answered emphatically, \u201cYes.\u201d<\/p>\n

Governor Freudenthal voiced strong support for \u201cmodernizing\u201d the law. One key revision he and the other Republicans advanced was requiring that critical habitat requirements and recovery plans be released at the time the species is listed. Ashe noted that this requirement, \u201ccould make the work impossible to do.\u201d<\/p>\n

Following the hearing, Ashe commented favorably on the chemistry between Ranking Member Carper and Chairman Barrasso, a dynamic that could contribute to constructive, bipartisan changes.<\/p>\n

Meanwhile, Republican senators are advancing three related bills that would make it harder for FWS to settle ESA lawsuits and to force new requirements for proposed protections for Mexican wolves. Two of the bills were introduced by Majority Whip Senator John Cornyn (R-TX) Thursday, February 16.<\/p>\n

The \u201cEndangered Species Act Settlement Reform Act,\u201d S.375<\/a>, would require Interior to give public notice of ESA suits and lowers standards for when other parties can intervene. It also would require proposed settlements to obtain approval from affected local governments, and it would block successful litigants from receiving legal payments.<\/p>\n

Cornyn\u2019s reintroduction of the \u201c21st Century Endangered Species Transparency Act,\u201d S.376<\/a>, would require the departments of the Interior and Commerce, who together implement the ESA, to publish any scientific and commercial data online that are used for adding or removing animals and plants from the endangered or threatened species lists.<\/p>\n

The third bill, Senator Jeff Flake\u2019s (R-AZ) reintroduced \u201cMexican Gray Wolf Recovery Plan Act,\u201d S.368<\/a>, would require FWS to set \u201can enforceable maximum population of the Mexican grey wolf\u201d within an area below Interstate 40 in New Mexico and Arizona that is also acceptable to local governments, ranchers, landowners, and recreational interests. The bill would enable state wildlife agencies to take control of the recovery if they find FWS in noncompliance with the revised plan. The bill\u2019s sole co-sponsor is Senator John McCain (R-AZ), who also co-sponsored it in the last Congress.<\/p>\n

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Congressional Review Act Repeals of Obama-era Regulations<\/strong><\/h2>\n

Congress is moving through a lengthy roster of Obama-era regulations under the provisions of the Congressional Review Act (CRA), which allows Congress, by joint resolution, to withdraw regulations passed in the last 60 legislative days of an administration. As commonly interpreted, that period would include all rules issued since June 13, 2016.<\/p>\n

It is notable that the CRA prohibits the issuing agency from issuing a new rule that is \u201csubstantially similar\u201d to the rule that was rejected. This provision is widely interpreted as meaning that new rules would have to be enacted by legislation.<\/p>\n

President Trump signed the first CRA repeal of this Congress on Monday, February 20. H.J.Res.41<\/a> removed a Securities and Exchange requirement that oil, gas, and coal companies disclose payments made to governments. This was only the second regulatory repeal under CRA since the act was passed in 1996.<\/p>\n

The Office of Surface Mining\u2019s Stream Protection Rule, protecting waterways from coal mining waste and just finalized in December, was next up, repealed Thursday, February 16, when the president signed H.J.Res.38<\/a>. Also on Thursday, the House passed H.J.Res.69<\/a>, introduced by Representative Don Young (R-AK), which would repeal recent rules strengthening federal management of predators on national wildlife refuges in Alaska.<\/p>\n

The House is currently considering H.J.Res.36<\/a>, introduced by Representative Bob Bishop (R-UT), which repeals prohibitions on methane flaring on federal lands, and H.J.Res.44<\/a>, introduced by Representative Liz Cheney (R-WY), which repeals Interior\u2019s \u201cPlanning 2.0\u201d land planning guidance.<\/p>\n

These CRA actions are seen as just the beginning of a larger onslaught of disapproval and repeal. Congressional Republicans in the Western Caucus have a wide-ranging agenda for repeal, including Bureau of Safety and Environmental Enforcement\u2019s Arctic drilling rule, National Park Service\u2019s oil and gas rule, and FWS\u2019s oil and gas refuge rule. More than 150 recent rules could be subject to CRA disapproval.<\/p>\n

Indeed, it seems that in addition to repealing all Obama-era regulations issued since June 13, some Republicans are discussing options to reach further back, enforcing a sometimes-overlooked CRA requirement for agencies to report final rules to Congress and the Government Accountability Office before they can take effect. Many have argued that the 60-day review clock begins with notification of Congress and that without notification the regulations may be unenforceable. A 2014 report to the Administrative Conference of the United States, an independent federal agency, authored by staff member Curtis Copeland, found that fewer than half the final rules issued during the first half of 2014 were sent to GAO. As a result, many more rules from the Obama administration may be eligible for CRA disapproval and repeal.<\/p>\n

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Scientific Integrity Act Introduced in Senate<\/strong><\/h2>\n

Senator Bill Nelson (D-FL) introduced the Scientific Integrity Act, S.338<\/a>, on February 7. The bill, currently co-sponsored by 29 Senate Democrats, seeks to protect scientific integrity in federal research and policymaking. Though introduced in the previous Congress, the bill is seen as having special importance given the uncertainty of administration directives that seem to limit open scientific communication. A House version of the bill is expected soon.<\/p>\n

In the House Science, Space, and Technology Committee\u2019s \u201cMake the EPA Great Again<\/a>\u201d hearings in early February, Chairman Lamar Smith (R-TX) made clear his intention of targeting science informing policy at the EPA, with reintroduction of the Secret Science Reform Act<\/a>, which failed to gain traction in the last Congress, one of his priorities.<\/p>\n

Nelson\u2019s bill, S.338, would amend the America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act of 2007 (America COMPETES<\/a>). Though overdue for renewal with spending authorizations expired in 2010, America COMPETES\u2019 science policymaking provisions remain in effect.\u00a0In January of this year, Congress passed and the president signed into law the American Innovation and Competitiveness Act<\/a>, legislation that is a partial successor to the America COMPETES Act. It includes provisions from the America COMPETES Reauthorization Act of 2015<\/a> and represents the first update to the COMPETES law since 2010.<\/p>\n

S.338 would codify policies enacted under a 2009 executive order, and released over the last seven years, requiring agencies to specify how they would protect scientific integrity. The bill would also protect scientists\u2019 communications with the public and Congress, make scientific integrity policies public, require review of scientific integrity across the government, and compel procedures for scientists to review public materials based on their work, such as press releases.<\/p>\n

The Ecological Society of America sent letters supporting scientific integrity to President Trump<\/a> and congressional leaders<\/a> in the last week of January. It seems unlikely, however, that the Scientific Integrity Act will make much headway in the current Congress.<\/p>\n

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<\/a>Executive Order<\/strong><\/h2>\n

On Feb. 24, the president signed an executive order titled \u201cEnforcing the Regulatory Reform Agenda<\/a>.\u201d The order requires federal agencies to set up task forces to identify regulations that should be rolled back, replaced, or changed.<\/p>\n

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

House Natural Resources Committee approves panel rules
\n<\/strong>The House Committee on Natural Resources, led by chairman Rob Bishop (R-UT) held an organizational meeting on Feb. 7 during which it adopted a rules package<\/a> for the committee and approved an oversight plan<\/a> outlining initial priorities for the committee. Democratic proposals and amendments to the rules package and oversight plan \u2013 such as an addition of language referencing human activity as a cause of climate change \u2013 were rejected.<\/p>\n

House Natural Resources Democrats launch \u201cBetter Know a Member\u201d video series
\n<\/strong>Democrats on the House Natural Resources Committee launched a \u201cBetter Know a Member\u201d video series<\/a> featuring each of their members. First was Ranking Member Ra\u00fal Grijalva of Arizona, who spoke of outdoor activities in his home state and environmental laws he plans to protect.<\/p>\n

Climate Solutions Caucus adds new members
\n<\/strong>The bipartisan Climate Solutions Caucus added four new members<\/a> on Feb. 9, bringing total membership to 24, split evenly between Republicans and Democrats. The new members are Reps. David Reichert (R-WA), Earl Blumenauer (D-OR), Don Bacon (R-NE), and Charlie Crist (D-FL).<\/p>\n

Grijalva encourages federal employees to anonymously report wrongdoing
\n<\/strong>Ranking Member Grijalva of the House Natural Resources Committee launched a Tip Line page<\/a> on the Committee\u2019s website that allows federal employees at the Department of the Interior and other agencies working on environmental issues to anonymously report unethical activity, risks to safety or public health, or fraud.<\/p>\n

Senate Environment and Public Works Committee releases GOP roster
\n<\/strong>On Feb. 9, Sen. John Barrasso (R-WY), chairman of the Senate Committee on Environment and Public Works, announced the subcommittee chairs and GOP subcommittee rosters<\/a> for the 115th Congress.<\/p>\n

House Science Chairman Lamar Smith reiterates request for NOAA information
\n<\/strong>In a Feb. 14 letter to the acting NOAA administrator<\/a>, Rep. Lamar Smith (R-TX), chairman of the House Committee on Science, Space, and Technology, renewed his request for NOAA documents and communications related to its study published in 2015 refuting the pause in global warming. Prompted by recent comments of former NOAA scientist Dr. John Bates, Smith has asked for new information related to the study. In November of 2015, ESA and other scientific societies wrote a letter to Rep. Smith<\/a> expressing concern over the committee\u2019s inquiry into this paper, and in January, ESA wrote a letter to the president<\/a> on the importance of scientific integrity.<\/p>\n

House Science Ranking Member Johnson announces subcommittee assignments
\n<\/strong>On Feb. 14, House Science, Space, and Technology Committee Ranking Member Eddie Bernice Johnson announced Democratic subcommittee assignments and subcommittee ranking members<\/a> for the 115th\u00a0Congress.<\/p>\n

Grijalva investigates Interior claim on job impact of repealing Stream Protection Rule
\n<\/strong>In a Feb. 23 letter to the acting secretary of the Interior<\/a>, House Natural Resources Ranking Member Grijalva asked for an explanation of the claim in a DOI blog post that the cancellation of the Stream Protection Rule \u2013 repealed through a Congressional Review Act resolution earlier this month \u2013 would prevent the loss of 7,000 \u201cclean coal\u201d jobs. This statement contradicts previous DOI claims that had estimated that the rule would actually add 156 jobs.<\/p>\n

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

Enacted<\/h3>\n