The Trump administration is rushing to issue permits, finalize major environmental regulations and even sell the rights to drill for oil in Alaska’s wilderness areas ahead of Opening Day in a push that could complicate the climate and conservation agenda of Joe Biden.
The 11th hour regulatory race underscores the extent to which federal agencies anticipate Biden’s inauguration as president of the United States on January 20, even as President Donald Trump refuses to grant the election. It also reveals a widespread effort by Trump officials to make their mark on federal politics and, at least temporarily, to tie the hands of his successors.
“Everyone has to be on the lookout for the next 60 days because the administration can create more work for the people coming in,” said David Hayes, a former undersecretary of the Interior who heads the Center for Environmental and Energy Impact at New York University. “You can take additional actions here that will put sand in the gears of the initial Biden administration.”
The Trump administration is already prepared Monday to advance plans to sell drilling rights to the Arctic National Wildlife Refuge, despite Biden’s promise to protect that Alaskan wilderness. And officials are reviewing measures that would lift criminal penalties for accidentally killing migratory birds, set existing air pollution limits and make it more difficult to impose new environmental safeguards.
In all, the White House Office of Information and Regulatory Affairs that is in charge of reviewing the proposed rules is scrutinizing 23 measures introduced just since Election Day, heralding the flood to come.
While Biden officials can undo many Trump rules, that will consume time and resources, even as the incoming administration intends to draft new measures regarding pollution, energy efficiency and drilling regulations.
And the Biden administration will likely not get immediate help from Congress to repeal the rules of the Congressional Review Act, as Republicans are likely to retain control of the Senate. The law facilitates the repeal of last minute regulations enacted by an outgoing administration.
“They have to clean up this huge mess that has been deliberately left before they can even begin to advance their affirmative agenda,” said James Goodwin, an analyst at the Center for Progressive Reform.
“The story of the last four years is how we can tear these agencies down and make them as useless as possible,” Goodwin said. “The next few weeks will be devoted to that, and they won’t miss a trick when it comes to making the life of the Biden administration a pittance.”
For example, the White House has just begun discussing a final rule to end criminal penalties for oil explorers, homebuilders, and other businesses who accidentally kill migratory birds, setting the stage for the Department of the Interior to terminate the measure in a few weeks. And on Thursday, the White House began reviewing a rule defining “habitat” that receives protection under the Endangered Species Act, just four weeks after the deadline for public comment on the proposed measure.
The Department of Energy is trying to end regulations that weaken energy efficiency standards for ovens and other appliances. That includes a rule that gives the green light to high-flow showerheads with multiple nozzles, a move that generated momentum after Trump complained that with more efficient models “you can’t wash your beautiful hair properly.”
EPA regulations
The Environmental Protection Agency is quick to codify decisions to retain existing air quality limits on ozone and particulate matter, rejecting calls from public health advocates to toughen pollution standards.
The administration is also pushing for regulations that go to the heart of the power of federal agencies.
For example, Trump’s EPA is close to finalizing two measures that could make it difficult to impose restrictions on pollution. One would prevent the agency from relying on scientific research that is not made public or cannot be done. Another would limit how the agency calculates the costs and benefits of future regulations.
It is common for administrations to finalize a series of rules during their final months in office, with a final outbreak of so-called midnight regulations.
“A big difference from the recent past is that because Trump is just a one-term president, the EPA must rush to finish more than when we’ve had two-term presidents,” observed Amit Narang, a regulatory policy expert with the watchdog group Public Citizen. “But there is a real risk that anything the EPA carelessly rushes out the door will be overturned in court, just as many of the EPA rollbacks have been under Trump.”
Although Opening Day is still nine weeks away, the regulation clock may run out earlier. The application of any final rule that has not become binding by January 20 may be postponed by a new administration, buying time for a rewrite. Because there is a 60-day waiting period for the major rules to take effect, the Trump administration actually needs to publish those measures in the Federal Register by November 21.
Federal register
The EPA is already trying to beat the clock with an air permit regulation that will be published in the Federal Register on November 19, just two days before the deadline.
The push goes beyond well-telegraphed rules to allow for project decisions and approvals that can be harder to undo.
For example, the Department of the Interior is accelerating a proposal to conduct seismic studies at the Arctic National Wildlife Refuge, an industrial operation designed to help identify potential oil reserves that environmentalists say is at risk of scarring in the tundra and trample polar bears into snow-covered dens. .
Adam Kolton, executive director of the Alaska Wilderness League, said he is deeply concerned that the Department of the Interior is trying to “block this massive seismic program in the final minutes of the Trump administration” without sufficient environmental review and against the wishes of the American people. “Defcon is one on the list of levels of concern,” added Kolton.
Last minute push
While the regulations can be rolled back, the Biden administration would not be able to repair the damage if heavy seismic vehicles enter the refuge and begin work, Kolton said. “If you want to throw a hand grenade in the middle of the Interior Department transition team, this would be the way to do it,” he said.
The Trump administration is also advancing plans to sell drilling rights to the shelter by January 20. It’s unclear whether the Department of the Interior has time to formally issue the leases sold in the last few weeks before Opening Day, but every step advances Arctic oil development. it could complicate the removal of the Biden administration.
Oil companies can also look forward to a few more opportunities to buy drilling rights elsewhere in the US, including during a Trump administration sale of the coveted New Mexico territory on January 14.
Last-minute push is essential, said Tom Pyle, president of the American Energy Alliance, a free market advocacy group that has applauded much of Trump’s deregulation agenda.
“Even as President Trump and his legal team continue to explore their options, it is critical that their agencies put out a full-court press to get the rest of their agenda on target as an insurance policy,” said Pyle. “Joe Biden did not get a mandate from the voters to reverse all the gains President Trump made regarding our energy independence.”
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