Sign In or Create an Account.

By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy

Climate

Biden Has Just 7 Weeks to Secure His Conservation Legacy

He promised to protect almost a third of the U.S. So far he’s nowhere close.

President Biden in an hourglass.
Heatmap Illustration/Getty Images

Over the course of a presidential term, a mature ironwood tree will add only about four inches to its height. Unless you happen to see one during the 10 or 12 days in May that pale pink flowers cover its branches, it’s not a shrub you’re likely to call one of the Sonoran Desert’s most attractive flora — gnarled and hunched, the ironwood lacks both the alien charm of the Joshua tree and the iconic flamboyance of the Saguaro cactus. It makes up for this with its longevity: Some ironwoods growing in the hills east of the Coachella Valley have clung there 400 years longer than California has been a state. Adequately protected, those very same trees could plausibly still be standing for our successors to marvel at in the year 2724 — 175 presidential terms from now.

Who knows if they’ll still talk about President Joe Biden then — in 700 years, he’ll be as deep in the past as Edward II of England is now. But if those ironwood trees are still standing, it could be because of him. Biden has called the fight against climate change the defining cause of his presidency, and he views conservation and the preservation of biodiversity as part and parcel of that legacy. His 30x30 executive order — which aims to set aside 30% of America’s lands and waters for conservation by 2030 — was a week-one priority once he took office.

Among his best remaining opportunities to add to his tally would be the designation of Chuckwalla National Monument, a 660,000-acre stretch of desert south of Joshua Tree National Park that is home to one-fifth of the ironwood trees left in the world. The same goes for a sacred and culturally significant region in the southwest corner of California called Kw’tsán; about Sáttítla, a vulnerable volcanic landscape near Mt. Shasta; about the Owyhee, a million-acre Oregon watershed that sits in the crosshairs of mining and energy development; and about the homestead in Maine that belonged to Frances Perkins, the first woman to serve in the U.S. cabinet. The list goes on.

But with less than two months until Biden’s move-out day, environmental advocates are starting to wonder whether he’ll ever get around to fulfilling his promise.

“There are still several national monument campaigns that are ready to go and awaiting the president’s signature, and those are the sorts of things that could cement President Biden’s legacy as one of the great conservation presidents of all time — if he takes those steps here in the last few weeks,” Aaron Weiss, the deputy director of the Center for Western Priorities, a nonpartisan conservation advocacy group, told me.

When Biden took office in 2021, roughly 293 million acres of the United States fell under the protection of various federal laws, about 12% of his 30% goal. Since then, Biden has set aside another 1%, or 37 million acres, for protection, including about 1.6 million acres of new monuments under the Antiquities Act. So far, Biden has protected slightly less land than President Bill Clinton did in his first term, per the Center for Western Priorities’ accounting. And every day that passes matters; the Center for American Progress has found that the U.S. loses a football field’s worth of natural area every 30 seconds.

Still, conservationists have celebrated Biden’s moves to set aside the National Petroleum Reserve and the Tongass National Forest in Alaska, and to expand Berryessa Snow Mountain National Monument and San Gabriel Mountains National Monument in California. “When you look at it from a traditional land protection perspective, I think [the Biden administration has] a strong record,” Chris Wood, the president and chief executive officer of the conservation group Trout Unlimited, told me.

And Mustafa Santiago Ali, the executive vice president of the National Wildlife Federation, also told me not to discount Biden’s designation of the Springfield 1908 Race Riot National Monument in Illinois, the Emmett Till and Mamie Till-Mobley National Monument in Illinois and Mississippi, and Baaj Nwaavjo I’tah Kukveni — Ancestral Footprints of the Grand Canyon National Monument in Arizona, even though they don’t add substantial acreage to his totals. “Folks may not pay attention to how important those monuments are — honoring folks who have sacrificed in the past,” Ali said. Weiss, likewise, commended Biden and Secretary of the Interior Deb Haaland for “acknowledging that you need Indigenous stewardship to lead and be central to all public land management decisions.”

As the remaining weeks of Biden’s tenure quietly tick by, there is increasing anxiety about whether and when the president will reach for the Antiquities Act again. Kristen Brengel, the senior vice president of government affairs at the National Parks Conservation Association, told me she hopes Biden will announce at least two more national monuments between now and January 20.

Ultimately, though, when it comes to the question of how much land Biden will choose to set aside in the waning days of his administration, “the limiting factor is time,” Ryan Houston, the executive director of the Oregon Natural Desert Association, which has campaigned extensively for the designation of an Owyhee National Monument, told me. “If we don't take action before Inauguration Day in January, then we’re entering at least a two-, four-, or six-year period where there won’t be opportunities to follow through and protect the Owyhee,” Houston went on. “And that sets us back a long way.”

Organizers don’t get a tip-off ahead of time about where or what the Biden administration is considering. Chuckwalla, with its ironwood trees, rare reptiles, cultural sites, and Joshua Tree-adjacent wildlife corridors, seems likely — Haaland visited it this spring, a portentous sign according to advocates. Other would-be monuments like the Owyhee in Oregon are less certain and may attract executive attention only if Congress fails to roll it into a public lands omnibus bill expected by the end of the year.

The clock has already run out for other key components of Biden’s conservation legacy. “In the first month of his presidency, it seemed like it would be great,” Brendan Cummings, the conservation director of the Center for Biological Diversity, a nonprofit focused on endangered species protections, told me. With the president’s 30x30 executive order and his pause on federal fossil fuel leasing, it’d “seemed like he was going to live up to his promises.”

Then came the Willow Project approval, new LNG export terminal sign-offs, and so many new oil and gas permits that Biden surpassed even Trump. “One of the few areas where Biden has actually been excellent is national monuments,” Cummings conceded. “But everything else is sort of this mix of muddled middle or profoundly disappointing.” He added, “Trump took us two steps back, and Biden took us one step forward — so we’re still behind at the end of the day.”

Though the other advocates I spoke with for this story weren’t as sour on Biden’s record as Cummings, many had a wishlist of items they’d hoped Biden would address. Brengel of the NPCA had hoped there’d be more climate resiliency funding for the National Parks, which have “been on the frontlines of dealing with some of the most dramatic effects of climate change.” Wood, at Trout Unlimited, was holding out for the creation of a federal fund to deal with the legacy of abandoned mines via a royalty on hard rock metals, the only commodity produced from public lands that doesn’t have a surcharge or tax. Weiss of Western Priorities wanted to see action on livestock grazing reforms.

It’s hard to feel too frustrated with the Biden administration, though. Much of 2021 and 2022 were spent addressing Trump administration policies and roll-backs, including restoring protections for Bears Ears and Grand Staircase-Escalante National Monuments. Biden’s executive powers had their limits, too. While one of his administration’s conservation wins had been blocking the culturally significant lands around New Mexico’s Chaco Canyon from new oil and gas leasing, Trump will have a relatively straightforward path to reopening it to drilling if he so chooses. “I think with the cards that we had in our hands, Deb Haaland and Biden have done everything they could do to protect this area,” Paul F. Reed, a preservation archaeologist with Archaeology Southwest, which campaigned to protect Chaco Canyon, told me. But “short of congressional action, this area will continue to be a political football.” The same may again be true for Bears Ears and Grand Staircase-Escalante.

There is better Trump-proofing elsewhere. Jenny Rowland-Shea, the director of public lands at the left-leaning advocacy group the Center for American Progress, told me that for Trump to unwind Biden’s protections in the Arctic, which were established via a lengthier rule-making process, the incoming president would have to prove that the science behind the ecology subsistence isn’t valid — a bigger lift. It’s part of why she feels comfortable calling Biden’s actions in the Arctic one of the more significant pieces of his conservation legacy.

Others pointed to the Bureau of Land Management’s Public Lands Rule, which put conservation on equal footing with other land uses like drilling this past spring, as the real gift that Biden leaves behind. Wood, of Trout Unlimited, told me that what he hopes will outlast the 46th president is Biden’s approach to looking at conservation as a part of natural resiliency, the effort to “make our lands more resistant to floods, fires, and drought.” Meanwhile, Ali of NWF told me his wish is that future presidents will use Biden’s accomplishments as a “north star” to measure themselves against and surpass.

But Cummings of the Center for Biological Diversity believes there is only one way for Biden to cement his legacy in the remaining weeks he has in office. “Almost everything the president does gets forgotten,” he said. “But the land that a president protects is forever.”

Yellow

You’re out of free articles.

Subscribe today to experience Heatmap’s expert analysis 
of climate change, clean energy, and sustainability.
To continue reading
Create a free account or sign in to unlock more free articles.
or
Please enter an email address
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Sparks

The Mad Dash to Lock Down Biden’s Final Climate Dollars

Companies are racing to finish the paperwork on their Department of Energy loans.

A clock and money.
Heatmap Illustration/Getty Images

Of the over $13 billion in loans and loan guarantees that the Energy Department’s Loan Programs Office has made under Biden, nearly a third of that funding has been doled out in the month since the presidential election. And of the $41 billion in conditional commitments — agreements to provide a loan once the borrower satisfies certain preconditions — that proportion rises to nearly half. That includes some of the largest funding announcements in the office’s history: more than $7.5 billion to StarPlus Energy for battery manufacturing, $4.9 billion to Grain Belt Express for a transmission project, and nearly $6.6 billion to the electric vehicle company Rivian to support its new manufacturing facility in Georgia.

The acceleration represents a clear push by the outgoing Biden administration to get money out the door before President-elect Donald Trump, who has threatened to hollow out much of the Department of Energy, takes office. Still, there’s a good chance these recent conditional commitments won’t become final before the new administration takes office, as that process involves checking a series of nontrivial boxes that include performing due diligence, addressing or mitigating various project risks, and negotiating financing terms. And if the deals aren’t finalized before Trump takes office, they’re at risk of being paused or cancelled altogether, something the DOE considers unwise, to put it lightly.

Keep reading...Show less
Green
Q&A

An America First Strategy for Renewable Energy?

A conversation with Tim Brightbill of Wiley Rein LLP

Tim Brightbill of Wiley Rein LLP.
Heatmap Illustration

Today we’re talking with Tim Brightbill, a trade attorney at Wiley Rein LLP and lead counsel for a coalition of U.S. solar cell and module manufacturers – the American Alliance for Solar Manufacturing Trade Committee. Last week, his client won a massive victory – fresh tariffs on south Asian solar panel parts – on the premise that Chinese firms are dumping cheap products in the region to drive down prices and hurt American companies. It’s the latest in a long series of decadal trade actions against solar parts with Chinese origin.

We wanted to talk to Tim about how this move could affect developers, if an America-first strategy could help insulate solar from political opposition, and how this could play out in next year’s talks over the future of the IRA. The following conversation was lightly edited for clarity.

Keep reading...Show less
Policy Watch

The IRA’s Coming China Change

And more of the week’s biggest news around renewable energy policy.

Trump.
Heatmap Illustration/Getty Images

Sourcing requirements – As we explain in our Q&A today, there’s momentum building in Washington, D.C., to attach new sourcing requirements to an IRA credit for advanced manufacturing known as 45X.

  • 45X is supposed to supercharge production of battery and solar components, as well as key minerals and materials for those components that are largely imported from China or what U.S. trade officials believe are Chinese pass-throughs.
  • Some U.S. companies are now quietly urging Congress to enact a “foreign entity of concern” requirement to 45X that would essentially stop battery and solar manufacturing plants with Chinese business involvement from qualifying.
  • Why? Well, doing this would definitely insulate the credit from GOP repeal by tying it not to rapid decarbonization but instead American blue collar jobs.
  • Patrick Donnelly, chief commercial officer for Anovion, told attendees of a Hill briefing I moderated earlier this week that he wants to see this happen because it would be a “game changer” for domestic manufacturing. “I’ve heard some Republicans talking about it already.”
  • But it could also undermine the effectiveness of the credit for climate purposes. Similar requirements were tacked onto the IRA’s EV consumer credit that curtailed its reach and meant many cars couldn’t access the benefit.

Virginia’s planning – The state of Virginia is looking at its own plans to override local objections, which would make it one of the few GOP-led states to do so.

Keep reading...Show less