It鈥檚 been a rough four years for people who care about wild places, or, you know, the future of the planet and everyone who lives on it. The good(ish) news: much of the havoc President Trump wreaked on the environment was carried out through executive action, and many of his regulatory rollbacks are still tied up in court鈥攖hat means they could be revoked fairly quickly by the incoming Biden administration. And now that are in, we have a clearer picture of what kind of agenda Biden can enact. After the recent聽tight race, we know that the presidency, House, and Senate will all be controlled by Democrats. Additionally, public support for climate action and resource conservation are both at , and President Biden campaigned on the most in history (which has a price tag of $2 trillion鈥攎ore on that later). Environmental issues, finally, won鈥檛 just be back-burnered political projects.
With Congress still almost evenly split, and the Supreme Court not exactly stacked in favor of bold regulatory action, there are likely no landslides ahead. But that doesn鈥檛 mean Biden can鈥檛 get a lot done quickly. As soon as he鈥檚 sworn in, in fact, he can use the power of his office to issue executive orders鈥擳rump, remember, tried to kill the Affordable Care Act hours after moving into the Oval Office鈥攁nd then keep rolling from there. 鈥淚t鈥檚 not just about putting things back together or returning to the status quo,鈥 Caitlin McCoy, a staff attorney at the Environmental and Energy Law Program at Harvard University, . 鈥淲e need to strengthen regulations, because the climate crisis has accelerated dramatically over the last four years, and we have failed to take action on a federal level.鈥 With no time to waste, here鈥檚 what Biden can do as soon as he聽takes that oath.
Return the U.S. to the International Climate Stage
Biden has said that when he takes office, he鈥檒l immediately rejoin the , the international commitment to limit global warming that President Trump pulled the country out of in 2017. After a 30-day waiting period鈥攖o make sure the rest of the world wants us back鈥攖he U.S. will be in again, which means聽we鈥檒l also have an obligation to set a greenhouse-gas-emissions target. Biden has said that he鈥檒l put forward a plan so聽the U.S. can work toward聽achieving聽net-zero emissions by 2050. That鈥檚 much more aggressive than the Obama-era goal, and it鈥檚 very necessary, given how much time we鈥檝e wasted since then. However, successfully achieving the 2050 target hinges on how much of can get through Congress.
Stop Drilling on Public Land
The president-elect has also new oil and gas permitting on public lands and waters. That would be a major step toward slashing emissions鈥攁round a come from extraction on public land. It would also be very hard to do, thanks to the , which directs the government to periodically offer drilling leases on federal land. And then there鈥檚聽the pressure the incoming聽administration will feel from states like New Mexico, Alaska, and Wyoming, which currently depend on extraction revenue. In Alaska, of the state鈥檚 budget is derived聽from oil revenue. But while an outright moratorium on leasing will be challenging, Biden聽can also take a less direct route by making聽it expensive and difficult for private extraction companies to benefit from public resources. He can do that in a few different ways. First, through executive order, he can reinstate regulations that Trump , like requirements around methane leaks and mercury emissions, and he can ban offshore exploration. He can also stop the the Trump administration has been handing out to oil and gas companies. Finally, he can use financial pressure to deter extraction on public land by the federal government gets when it auctions off leases.
The extraction industry鈥檚 interest in drilling leases is currently minimal, as a result of聽low prices and sluggish demand鈥攖ellingly, no major oil companies bid on the long-coveted parcels in the Arctic National Wildlife Refuge (ANWR). By increasing financial, logistical, and regulatory pressures on fossil-fuel extraction, while also helping energy-dependent economies transition to clean-energy sources鈥攁nother big part of his climate plan鈥擝iden and his administration can .
Permanently Protect Bears Ears and Other Fragile Lands
On the public-lands front, Biden has promised to restore Bears Ears and Grand Staircase鈥揈scalante National Monuments, both in Utah, which he can do on day one with an executive order. But Keala Carter, a public-lands specialist from the who led the effort to create the Bears Ears National Monument, that the coalition鈥檚 goal is truly permanent protection for the area. So the current debate is not if it will be protected, but how the administration will choose聽to go about it, either by issuing a new proclamation by executive order聽or by challenging Trump鈥檚 authority to shrink it in the first place.
While he鈥檚 at it, Biden can shore up the Antiquities Act, which Trump through an energy-friendly executive order. He can halt construction on the 聽and permanently protect ANWR, along with other fragile places like Arizona鈥檚聽, Alaska鈥檚 Bristol Bay, and Oregon鈥檚 . Those designations would all play into another piece of Biden鈥檚 climate agenda: a conservation plan to and water by 2030.
Reverse Trump鈥檚 Environment and Energy-Rule Rollbacks
While it will take more effort to ensure that any new聽protections would withstand a Republican in the White House in 2024, on day one, Biden can unilaterally get rid of Trump鈥檚 environmentally damaging , including the Keystone XL pipeline permits. The Sabin Center for Climate Change Law at Columbia Law School聽already wrote up a draft that kills ten of them in one swift signature, including orders to open up offshore drilling聽and expedite building oil and gas infrastructure.
Then there are the that Trump weakened or rolled back in his time in office. Only 17 of the 89 that were legally challenged have received rulings in favor. A Biden justice department can throw out the remaining cases, which it聽will presumably no longer want to pursue; those include orders that opened the Tongass National Forest in Alaska to logging聽and that weakened the Clean Air Act and the Endangered Species Act.
Any Trump regulation that did successfully take effect鈥攍ike the gutting of the Clean Power Plan, the carbon-friendly Affordable Clean Energy rule鈥攚ill be harder to undo. The Biden administration will likely need to and enact new standards, which would be聽tedious but ideally be more durable than executive action.
Staff Up
From the top down, Biden is stacking his administration with people who (gasp!)聽. And not just in the departments that are traditionally tied to climate and environment, like the EPA and Interior, where former New Mexico representative Deb Haaland likely will oversee one-fifth of the land in the U.S. It鈥檚 happening everywhere from the Treasury (Janet Yellen ) to Housing and Urban Development, which can draw up new floodplain maps to manage the聽risk of sea-level rise. Biden has also formed Cabinet-level positions that directly address climate, like former Secretary of State John Kerry鈥檚 聽and ex-EPA chief Gina McCarthy鈥檚 . Finally, Biden has said he鈥檚 planning a new environmental and climate division within the Department of Justice.
Once his Cabinet is in place, the biggest task will be fixing the Trump-era brain drain at federal agencies. John Holdren, Obama鈥檚 top science adviser,聽 Biden鈥檚 most important early assignement聽is to return scientists and experts to government positions. And nowhere is that more true than the Bureau of Land Management, especially when it comes to public lands. The administration can bring the office back to Washington, D.C., as current and former BLM staff聽, along with the career staff who quit when the office moved to Grand Junction, Colorado, last summer.
Legislate
That brings us to Congress, and soon-to-be demoted Senate majority聽leader Mitch McConnell. The Democrats have a tiny margin of control, which likely means two things in the short term: First, Biden shouldn鈥檛 have too much trouble getting a Cabinet installed, allowing him to start enacting his agenda much more quickly鈥攖hat鈥檚 especially important while the climate clock is ticking. Second, the administration can use to veto any federal regulation enacted in the last 60 legislative days of the administration鈥攔oughly since June. The 115th Congress to repeal 17 Obama-administration rules after Trump took office, and this year there are some big things that fall within the timeline, most notably the Trump administration鈥檚 moves to weaken the and the . Those can be stopped immediately, before the new regulations even get to court.
Then we鈥檙e likely looking at an ideological fight over climate action that could be accomplished through budget measures, like that $2 trillion sustainable infrastructure plan Biden campaigned on, or other legislative action, like a national clean-energy standard or the polarizing Green New Deal. New environmental laws would be an even longer shot鈥攏one have passed since 1990 because of partisan lockjaw.
It鈥檚 hard not to be worried that we鈥檒l spend the next four years untangling the past four, treading water while the seas rise. But I鈥檓 trying to believe that the political tides have turned enough to bring on meaningful change.