Biden Has Just 7 Weeks to Secure His Conservation Legacy

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.”