{"id":17102,"date":"2020-09-28T12:28:47","date_gmt":"2020-09-28T16:28:47","guid":{"rendered":"https:\/\/esa.org\/esablog\/?p=17102"},"modified":"2020-09-28T12:28:47","modified_gmt":"2020-09-28T16:28:47","slug":"policy-news-september-28-2020","status":"publish","type":"post","link":"https:\/\/esa.org\/esablog\/2020\/09\/28\/policy-news-september-28-2020\/","title":{"rendered":"Policy News: September 28, 2020"},"content":{"rendered":"

In This Issue:<\/strong><\/h1>\n

Connecting with Congressional Committees to Inform Hearings<\/strong><\/a>
\nWebinar recording is available online.<\/p>\n

Upcoming ESA Webinars<\/strong><\/a>
\nESA will host a webinar with Engineers and Scientists Acting Locally Sept. 30.<\/p>\n

Congress<\/strong><\/a>
\nHouse and Senate pass bill keeping the federal government through Dec. 11.<\/p>\n

Executive Branch<\/strong><\/a>
\nForest Service releases final environmental impact statement for exempting the Tongass National Forest from the Roadless Rule.<\/p>\n

Courts<\/strong><\/a>
\nA federal judge finds that William Perry Pendley\u2019s temporary appointment at the Bureau of Land Management is illegal.<\/p>\n

States<\/strong><\/a>
\nGovernor Gavin Newsom (D-CA) signs executive order banning the sale of gas-powered cars and trucks by 2035.<\/p>\n

International<\/strong><\/a>
\nUN report finds that the global community has failed to achieve most biodiversity goals.<\/p>\n

Scientific Community<\/strong><\/a>
\nReport finds that the National Academies of Sciences has not expelled any harassers, despite new policies.<\/p>\n

Register to Vote and Request an Absentee Ballot<\/strong><\/a>
\nThe general election is happening in November. Visit Vote.org for information about requesting an absentee ballot.<\/p>\n

ESA In the News<\/strong><\/a>
\nView an up-to-date list of ESA\u2019s media coverage.<\/p>\n

Opportunities to Get Involved<\/strong><\/a>
\nFederal Register opportunities.<\/p>\n

Connecting with Congressional Committees to Inform Hearings<\/strong><\/h2>\n

<\/a>
\nFederation of American Scientists (FAS) President Ali Nouri spoke with ESA members about his organization\u2019s Congressional Science Policy Initiative (CSPI). This program seeks to bring scientific expertise into Congressional hearings. The CSPI team tracks Legislative Branch activity and when key hearings are announced, after which the team solicits the CSPI community for questions and ideas that Members of Congress could raise during the hearing. This data-driven information and these questions are then communicated to Congress for use in the hearings to promote a rich discussion of the issues.<\/p>\n

To see the webinar recording, click\u00a0here<\/a>.<\/p>\n

To receive notices of the Congressional hearings that the FAS team is tracking \u2013 or to connect with FAS about scientific topics that could benefit from Congressional oversight, email\u00a0sciencepolicy@fas.org<\/a>.<\/p>\n

Upcoming ESA Webinars<\/strong><\/h2>\n

<\/a>
\nLocal engagement opportunities for scientists\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0<\/strong><\/p>\n

Sept 30, 2:00pm eastern time<\/em>
\nRegister here:\u00a0https:\/\/esa.zoom.us\/meeting\/register\/tJEufuqorDouHNNcEpqcDaM8OhxbX1W8nPsb<\/a><\/p>\n

While federal policy and politics tends to dominate the national headlines, the importance of policy-making and implementation at the state and local government level often gets overlooked. Recent events, such as the COVID-19 pandemic and discussions of racial justice and police reform, have highlighted the critical role of city, county and state governments. In this webinar, Engineers and Scientists Acting Locally (ESAL) scientists will discuss the ways in which ecologists can engage with local government and use their expertise and inquiry driven, evidence-based approaches to inform policy decisions. ESAL will highlight examples of scientists who have made substantive contributions to their communities, often without a major career shift. The presenters will also draw on their own experiences working in local government to share in-depth case studies. This workshop is intended for scientists at all stages of their careers, including students. ESAL and ESA hope that attendees will leave inspired with new ideas for how they can get more involved in their own communities.<\/p>\n

Congress<\/strong><\/h2>\n

<\/a>
\nAppropriations:<\/strong>\u00a0The House passed a continuing resolution keeping the government funded through Dec. 11. The Senate is expected to approve this continuing resolution Sept. 29.<\/p>\n

The House approved a set of bills funding the government for fiscal year (FY) 2021, which starts Oct. 1, earlier this year. The Senate has not yet released its own spending bills. Senate Appropriations Chairman Richard Shelby told reporters that the Senate should be able to craft its own spending bills before the December deadline.<\/p>\n

For more details about the House bills and the FY 2021 President\u2019s Budget Request, see\u00a0ESA\u2019s budget tracker<\/a>.<\/p>\n

Research Relief:<\/strong>\u00a0The Senate Commerce, Science and Transportation Committee advanced the RISE Act (S. 4286<\/a>) to the full Senate. The RISE Act would authorize $26 billion in emergency relief for federal science agencies, including the National Science Foundation, the Department of Agriculture and the Department of Energy, to award to universities and other research organizations to continue working on federally funded research projects.<\/p>\n

House:<\/strong>\u00a0The full House\u00a0passed<\/a>\u00a0a sprawling clean energy package, titled the Clean Economy and Innovation Act (H.R. 4447<\/a>), largely along party lines. Among other provisions, the package reauthorizes the Department of Energy\u2019s Advanced Research Projects Agency-Energy and provides environmental justice grants. The bill requires the EPA to identify 100 communities most impacted by environmental justice issues and requires the Interior Department to track emissions from energy production on public lands.<\/p>\n

The Senate considered legislation (S. 2657<\/a>) earlier this year, but that bill stalled over a disagreement about hydrofluorocarbon policy. It is not clear if the Senate will finish consideration of that bill before the end of the year. President Donald Trump threated to veto the House bill.<\/p>\n

Endangered Species<\/strong>:\u00a0Senate Environment and Public Works Committee Chairman John Barrasso (R-WY) introduced legislation (S. 4589<\/a>) to reform the Endangered Species Act. The legislation builds on draft legislation released by Barrasso in summer 2018 (see\u00a0ESA Policy News, Jul. 23. 2018<\/a>). The bill emphasizes giving more power and responsibilities to state wildlife agencies in endangered species listing and recovery. For example, states would be able to lead endangered species recovery teams and USFWS would be required to invite states to participate in creating species recovery plans. The bill would also prevent courts from overturning agency decisions to delist a species until a post-delisting monitoring period expires.<\/p>\n

The Environment and Public Works Committee\u00a0held<\/a>\u00a0a\u00a0hearing<\/a>\u00a0about Barrasso\u2019s legislation Sept. 23 with Wyoming Governor Mark Gordon (R) and Defenders of Wildlife CEO Jamie Rappaport Clark.<\/p>\n

NEPA:<\/strong>\u00a0House Natural Resources Committee Ranking Member Rob Bishop (R-UT) and Rep. Garret Graves (R-LA) introduced a bill (H.R. 8333<\/a>) to codify President Donald Trump\u2019s changes to the National Environmental Policy Act (NEPA) regulations. These rules set pages limits for NEPA analysis and prohibit agencies from considering indirect environmental impacts of a project, among other changes. The White House finalized these regulations in July 2020, with the rule becoming effective Sept. 14 (see\u00a0ESA Policy News, Jul. 29, 2020<\/a>). California Attorney General Xavier Becerra and attorney generals representing 20 other states, Guam and the District of Columbia are challenging these rules in the courts. This coalition of state attorneys general also\u00a0modified<\/a>\u00a0their lawsuit Sept. 24 to add an additional claim that the new NEPA regulations violate the Endangered Species Act.<\/p>\n

See ESA\u2019s\u00a0Legislative Tracker<\/a>\u00a0for more updates on legislation relevant to the ecological community.<\/p>\n

Executive Branch<\/strong><\/h2>\n

<\/a>
\nWhite House:<\/strong>\u00a0The Environmental Protection Agency sent its \u2018transparency in science\u2019 proposed rule to the Office of Management and Budget for a final review before the agency can publish a final rule. ESA and the scientific community have opposed this proposed rule since former EPA Administrator Scott Pruitt released the first proposed rule in spring 2018 as well as legislative predecessors of this rule. This proposed rule would prohibit the EPA from using scientific studies where the underlying data are not publicly available.<\/p>\n

Forest Service:<\/strong>\u00a0The agency\u00a0issued<\/a>\u00a0a final environmental impact statement for its plan to exempt Alaska\u2019s Tongass National Forest from the 2001 Roadless Rule. The EIS states that agency\u2019s \u201cpreferred alternative\u201d would be to fully exempt the Tongass National Forest from the Roadless Rule, opening up over 9 million acres to logging and road construction. The agency says that this alternative would revert 168,000 acres of old-growth forest and 20,000 acres of young-growth forest to suitable timber lands. Now, the Forest Service must wait another 30 days to make a final decision.<\/p>\n

The State of Alaska petitioned the Department of Agriculture to exempt the Tongass from the Roadless Rule in 2018, and in late 2019, the Forest Service released the draft version of this environmental impact statement.<\/p>\n

In December 2019, ESA submitted\u00a0comments<\/a>\u00a0opposing the Forest Service\u2019s proposal to exempt the Tongass National Forest from Roadless Rule. The comments note that the Tongass stores a large amount of carbon and fuels productive and commercially important marine ecosystems.<\/p>\n

Interior:<\/strong>\u00a0The agency developed a\u00a0draft invasive species plan<\/a>, as required by the 2019 public lands bill. The Department is\u00a0soliciting comments<\/a>\u00a0on this draft plan through Oct. 9, 2020.<\/p>\n

The plan identifies five invasive species management goals for the agency:<\/p>\n

    \n
  1. Collaborate across Interior and with others to optimize operations through leveraging partnerships, educational efforts, and funding.<\/li>\n
  2. Cost-effectively prevent the introduction and spread of invasive species into and within the United States.<\/li>\n
  3. Implement early detection and rapid response efforts in coordination with other federal agencies, states, tribes, territories and other partners to reduce potential damage and costs from new infestations becoming established.<\/li>\n
  4. Cost-effectively control established invasive species populations to reduce impacts and restore native species and ecosystems.<\/li>\n
  5. Improve invasive species data management for decision-making.<\/li>\n<\/ol>\n

    OPM<\/strong>:\u00a0A proposed rule would\u00a0allow<\/a>\u00a0the federal government to hire employees in science, technology, engineering and mathematics (STEM) fields temporarily for up to ten years. The Office of Personnel Management argues that this change will help agencies fill temporary needs for specialized technical roles and assist agencies in recruiting STEM professionals who prefer the opportunity to work on a project-by-project basis to build their resumes and maintain current skills. Current federal employment rules allow agencies to hire employees on a \u2018term\u2019 basis for up to four years and a \u2018temporary\u2019 basis for less than a year. Federal employee unions say that this change could allow agencies to keep more employees in limbo, without the job security or benefits of permanent employment. The proposed rule\u00a0is open for public comment<\/a>\u00a0through Nov. 10, 2020.<\/p>\n

    EPA:<\/strong>\u00a0Administrator Andrew Wheeler\u00a0announced<\/a>\u00a0that the agency will continue to allow the use of the herbicide atrazine, with some new restrictions. This herbicide is widely used in agriculture and applied to residential lawns. The new rules lower the amount of atrazine that can be applied to residential lawns and prohibit spraying atrazine under windy conditions and during temperature inversions. The EPA is working with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to determine the risks of atrazine to endangered species. The agencies will complete that review in 2021.<\/p>\n

    An EPA human-health risk assessment\u00a0concludes<\/a>\u00a0that the science about the impacts of the pesticide chlorpyrifos on neurological development is \u2018unresolved.\u2019 A separate ecological risk analysis found that the risk of chlopyrifos to mammals, bird, fish and terrestrial and aquatic invertebrates exceed the agency\u2019s level of concern. In 2015, the Obama administration proposed a national ban for chlorpyrifos.<\/p>\n

    NOAA:<\/strong>\u00a0The administration\u00a0appointed<\/a>\u00a0Ryan Maue to serve as the agency\u2019s chief scientist. Maue is a meteorologist and a former adjunct scholar at the libertarian think-tank the Cato Institute. He frequently criticizes climate projections as alarmist, and in 2018, he co-authored a Wall Street Journal op-ed arguing that NASA scientist James Hansen\u2019s 1988 climate projections were overly dire. NOAA\u2019s chief scientist oversees scientific integrity and research programs at the agency.<\/p>\n

    This appointment comes a week after the administration appointed David Legates to serve as NOAA\u2019s deputy assistant secretary of commerce for observation and prediction. Legates is a professor at the University of Delaware and another prominent climate science denier.<\/p>\n

    Courts<\/strong><\/h2>\n

    <\/a>
    \nBLM:<\/strong>\u00a0A federal judge in Montana\u00a0    determined<\/a>\u00a0Friday that William Perry Pendley has been illegally heading the Bureau of Land Management (BLM) and that his term exercising the authority of the director of the BLM violates the Federal Vacancies Reform Act. The court finds that any \u201cfunction or duty\u201d performed by Pendley \u201chave no force and effect and must be set aside as arbitrary and capricious.\u201d<\/p>\n

    Pendley joined the BLM in July 2019. President Donald Trump nominated Pendley to lead the BLM on a permanent basis in June and then withdrew the nomination in August after all Senate Democrats and some western Senate Republicans opposed Pendley\u2019s nomination. Montana Governor Steve Bullock (D) challeged Pendley\u2019s appointment at the BLM in the courts in July.<\/p>\n

    The Interior Department said that they will appeal this decision. The Friday court order directs both parties to file briefs within 10 days to address what acts under Pendley should be set aside.<\/p>\n

    States<\/strong><\/h2>\n

    <\/a>
    \nCalifornia<\/strong>:\u00a0Governor Gavin Newsom (D)\u00a0    signed<\/a>\u00a0an executive order banning the sale of gas-fueled cars after 2035 to mitigate climate change. The California Air Resources Board is working on a regulation that would require all new cars and trucks sold in California to be zero-emission by 2035. Historically, California has set its own vehicle emissions and mileage standards \u2013 driving changes in car manufacturing across the country. The Trump administration moved to revoke California\u2019s ability to set its own standard in winter 2020, but the state is challenging that decision in the courts.<\/p>\n

    New Mexico:<\/strong>\u00a0Attorney General Hector Balderas (D)\u00a0created<\/a>\u00a0an Equity Advisory Council that will advise the attorney general about the impact of environmental regulations, conservation and land management efforts on marginalized communities. This group and the Office of the Attorney General plan to develop an inclusive and broad-based environmental agenda that centers the needs and views of marginalized communities.<\/p>\n

    Michigan<\/strong>:\u00a0Governor Gretchen Whitmer (D)\u00a0committed<\/a>\u00a0the state to reaching carbon neutrality by 2050. Whitmer\u2019s executive order creates a Council on Climate Solutions comprised of state agency heads and residents representing different economic sectors and areas of expertise. This Council will draft a climate plan with the state\u2019s Department of Environment, Great Lakes and Energy and present this plan to the governor by September 2021.<\/p>\n

    New Jersey:<\/strong>\u00a0Both Houses of the state\u2019s legislature\u00a0passed<\/a>\u00a0a bill banning plastic bags and polystyrene foam containers. The legislation also requires restaurants to provide plastic straws only upon request. The bill now goes to Governor Phil Murphy (D) for his signature.<\/p>\n

    International<\/strong><\/h2>\n

    <\/a>
    \nU.N.:<\/strong>\u00a0The Convention on Biological Diversity\u2019s\u00a0    Global Diversity Outlook 5 report<\/a>\u00a0finds<\/a>\u00a0that the world has only \u201cpartially achieved\u201d six out of the 20 Aichi Biodiversity Targets, which were set by the international community in 2010 with a 2020 deadline. The report calls for a shift away from \u201cbusiness as usual\u201d with shifts to sustainable food systems, green infrastructure and spaces for nature in cities, climate action and more. Countries are currently negotiating a framework for a set of new global biodiversity targets for 2021-2030. Countries will consider these goals during the Convention on Biological Diversity\u2019s 15th<\/sup>\u00a0meeting of the Conference of Parties. This meeting was delayed from October 2020 to October 2021 in response to the coronavirus pandemic.<\/p>\n

    China:<\/strong>\u00a0President Xi Jinping\u00a0vowed<\/a>\u00a0that his country would reach carbon neutrality by 2060 during the 45th<\/sup>\u00a0session of the United Nations. Jinping also said that China will reach peak emissions by 2030. European officials urged China to reach carbon neutrality by 2060 or risk European Union tariffs during a recent European Union-China summit.<\/p>\n

    FAO:<\/strong>\u00a0ESA and 127 other international civil society organizations are urging the United Nations\u2019 Food and Agriculture Organization (FAO) to designate 2026 as the International Year of Rangelands and Pastoralists. Twelve countries also joined in supporting this request before the FAO\u2019s Committee on Agriculture meeting this week. ESA\u2019s letter of support is posted\u00a0online<\/a>.<\/p>\n

    Scientific Community<\/strong><\/h2>\n

    <\/a>
    \nClimate:<\/strong>\u00a0Major corporations\u00a0    made<\/a>\u00a0another set of climate-related pledges during the annual Climate Week event, hosted by New York City and the United Nations. Those pledges and announcements include Amazon\u2019s first round of funding from its $2 billion venture fund for climate-friendly technology. Google vowed to run its data centers and corporate campuses on carbon-neutral energy by 2030. Morgan Stanley said that it plans to reach net-zero emissions from projects that it finances by 2050.<\/p>\n

    NAS:<\/strong>\u00a0Nature\u00a0reports<\/a>\u00a0that no members of the National Academies of Sciences have been removed from the Academy for harassment or misconduct, despite a 2019 policy that allowed the National Academies to do so. No one has used the system established to report harassers. Several current NAS members have been removed from their university posts for harassment.<\/p>\n

    Register to Vote and Request and Absentee Ballot<\/strong><\/h2>\n

    <\/a>
    \nThe 2020 elections are happening this November. On a national level, the presidency, all seats in the House of Representatives and a third of the seats in the Senate will be contested. Several state governorships and many other state and local elections will also be contested. Be sure you are registered to vote in time to participate!\u00a0\u00a0    Learn more about voting policies and rights in your state and register to vote at Rock the Vote<\/a>,\u00a0a nonprofit dedicated to engaging young people in politics.<\/p>\n

    Voting procedures and requirements for requesting an absentee ballot during the coronavirus pandemic vary by state. Visit your state board of elections website or Vote.org<\/a>\u00a0for deadlines and to request a ballot.<\/p>\n

    What We\u2019re Reading<\/strong><\/h2>\n