Congress

 

Senate

 

Senators Lament Fast-Rising NPS Maintenance Backlog — “National Park Service Director Chuck Sams told a Senate Energy and Natural Resources panel Wednesday that he was surprised last year when the cost of the agency’s deferred maintenance exploded from $12 billion to $22 billion, but he said there was an easy explanation. ‘We’re doing better calculations of how we’re doing the deferred maintenance — that’s first and foremost,’ Sams told the National Parks Subcommittee. The issue prompted plenty of questions from top senators as Sams lobbied the panel to back a $3.8 billion budget for the agency in fiscal 2024, an increase of roughly 8 percent from 2023. Sen. Angus King (I-Maine), the subcommittee’s chair, called the big jump in the agency’s maintenance backlog ‘disheartening,’ while ranking member Steve Daines (R-Mont.) said it had grown ‘massively — virtually doubling.’ Both senators urged Sams, the agency’s director since 2021, to focus more on routine ongoing maintenance to prevent the backlog from growing even larger in the coming years.” [E&E News, 5/11/23 (=)]

 

Senate Schedules Vote On ESA Resolutions — “The Senate will vote Thursday on legislation to roll back Biden administration rules to protect wildlife under the Endangered Species Act. The chamber will vote on a resolution, S.J. Res. 23, from Sen. Cynthia Lummis (R-Wyo.), filed under the Congressional Review Act, that would retain the Trump administration’s definition of ‘habitat.’ ‘By scrapping the definition of habitat within the ESA, the Biden administration is causing chaos and confusion among private property owners throughout Wyoming and the West,’ Lummis said. ‘Two-thirds of all endangered species are located on private lands,’ she said, ‘so private property owners need to be partners in species recover, not the enemy.’ The Senate will also vote on a resolution, S.J. Res. 24, from Sen. Markwayne Mullin (R-Okla.) that would remove the northern long-eared bat from the strictest kind of ESA protections. Both resolutions have companions making their way through the House. Even if they make it through Congress, President Joe Biden is poised to veto the measures.” [E&E News, 5/11/23 (=)]

 

On The Hill Today — “Manchin’s Energy and Natural Resources Committee holds a permitting hearing, with a wide ranging witness list: American Clean Power Association CEO Jason Grumet, National Mining Association president and CEO Rich Nolan, AFL-CIO president Liz Shuler and Paul Ulrich, vice president of Colorado-based natural gas producer Jonah Energy. Energy Secretary Jennifier Granholm will also testify before House Energy and Commerce on DOE’s fiscal 2024 budget request. And House Natural Resources marks up a Congressional Review Act resolution to overturn Interior’s protections against mining in the Boundary Waters region of Minnesota. Natural Resources will also hold a hearing on the Biden administration’s ‘weaponization’ of executive orders — particularly through the National Environmental Policy Act and the Council on Environmental Quality — in pursuit of environmental justice goals.” [Politico, 5/11/23 (=)]

 

House

 

House Panel Debates Lead Ammo, Tackle In Wildlife Refuges — “House lawmakers on Wednesday targeted the future of lead ammunition in national wildlife refuges, with the Fish and Wildlife Service more or less caught in the middle. A Natural Resources subcommittee also considered bills that would require the Interior Department to create a centralized electronic permitting system and make changes to the Coastal Barrier Resources Act. No one disputed lead’s toxicity when discussing legislation against banning lead ammo and fishing tackle on federal lands. The enduring question concerns how to manage it. ‘The best available science shows that lead is harming fish and wildlife, and the Fish and Wildlife Service needs to retain the flexibility to protect the American people,’ said Matt Strickler, Interior’s principal deputy assistant secretary for fish and wildlife and parks. The hearing before the House Natural Resources Subcommittee on Water, Wildlife and Fisheries focused on a bill by Rep. Rob Wittman (R-Va.). The measure, H.R. 615, would prohibit the Interior and Agriculture departments from banning the use of lead ammunition or tackle on federal land or water that is under their jurisdiction.” [E&E News, 5/11/23 (=)]

 

Democrats Question Need For Giant Sequoia Bill — “Bipartisan lawmakers offered support during a legislative hearing Wednesday for quick action to save giant sequoias from the threat of wildfires but questioned whether legislation championed by House Speaker Kevin McCarthy (R-Calif.) is the right way to go. At issue during Wednesday’s House Natural Resources Committee hearing was the ‘Save Our Sequoias Act,’ which among other things would give the government the emergency power to thin forests and get rid of rotting trees before environmental review. The McCarthy-backed bill would also increase coordination with nonfederal partners on restoration projects and would provide for grants to nonprofit organizations, governments and academic institutions, for instance, to assist in related forest projects. Nearly one-fifth of giant sequoias has been lost to wildfire in recent years, McCarthy pointed out during an impassioned opening statement. ‘Time is of the essence. And every day we wait can harm these giant sequoias,’ he said. ‘The one thing Congress can do, as a whole together, is make sure these sequoias are around for the next generation.’” [E&E News, 5/11/23 (=)]

 

 

Department of Agriculture (USDA)

 

Biden Pick For USDA Deputy Gets Bipartisan Accolades — “The Biden administration’s pick for the No. 2 post at the Department of Agriculture pledged on Wednesday to make it easier for farmers and rural communities to apply for grants and loans. Xochitl Torres Small, nominated for deputy Agriculture secretary, answered repeated questions from the Senate Agriculture Committee on the agency’s process for awarding conservation and other funding. Some farmers have complained that applications take too long and sometimes can’t be completed without professional help. ‘I would want to focus on being that customer service agency that our farmers and rural people rely on,’ Torres Small told senators. The hearing revealed some senators’ dissatisfaction with USDA operations — but not with Torres Small. She received accolades from both sides of the aisle and appeared on the way to a bipartisan Senate confirmation. She would replace Jewel Bronaugh, who resigned to spend more time with her family, including her four children. Torres Small already serves as undersecretary of Agriculture for rural development. The committee’s ranking Republican, Sen. John Boozman of Arkansas, praised her for her work in that position, including visiting his state for a roundtable discussion on USDA programs.” [E&E News, 5/11/23 (=)]

 

 

States & Local

 

California

 

Calif. Moves To Protect Public Shoreline As Seas Rise — “California officials reasserted on Wednesday their right to protect state-owned beaches as rising oceans shift the line between public and private land — a move likely to increase tensions with coastal homeowners. The California Coastal Commission unanimously approved a set of principles and actions guiding decisions as higher tides change who owns beach land. Under California law, the state generally owns the wet sands on the ocean side of where the average high tide hits. The guidelines are framed as principles, not policy. Commissioners said approving the principles does not give them any new powers. Under California law, they already assert authority to reject or accept many sea walls and other developments on beaches. The guidelines warn, however, that the Commission’s authority will cover new state-owned lands as the boundary changes. ‘Although the Commission will maintain some type of jurisdiction regardless of the exact location of the mean high tide line, the nature of the Coastal Commission’s authority over a particular piece of land may change as the boundary of public trust tidelands shift landward,’ the principles state.” [E&E News, 5/11/23 (=)]

 

Minnesota

 

Op-Ed: Here’s The Facts About The Boundary Waters And Why We Need To Protect It From Mining — “U.S. Rep. Pete Stauber’s actions to expose America’s most popular wilderness, the Boundary Waters Canoe Area Wilderness, to America’s most toxic industry is bad policy and unconstitutional. Stauber, who is chair of the Natural Resource Subcommittee on Energy and Mineral Resources, recently hosted a field hearing in Mountain Iron, Minnesota, with several Republican House members and his chosen witnesses, all of whom advocated for toxic sulfide-ore copper mining directly adjacent to and upstream from the Boundary Waters. One witness even urged mining on Lake One, within the Wilderness. None of Stauber’s witnesses spoke for the Boundary Waters or the majority of Minnesotans. This field hearing was on the heels of Stauber’s introduction of a House Concurrent Resolution of disapproval in late April. Stauber seeks to use a provision of the Federal Land Policy and Management Act (FLPMA) to undo the U.S. Department of the Interior’s decision to ban sulfide-ore copper mining in the watershed of the Boundary Waters. Legislative rejections were ruled unconstitutional by the U.S. Supreme Court in 1983 because they bypass the president. Not surprisingly, although there have been approximately 90 large mineral withdrawals under FLPMA, no member of Congress has attempted to void one ever — until Stauber.” [Minnesota Reformer, 5/11/23 (+)]

 

New Mexico

 

AP | New Mexico Constitution Focus Of Legal Fight Over Oil And Gas Drilling — “New Mexico and its Democratic governor are being sued over alleged failures to meet constitutional provisions for protecting against oil and gas pollution, a challenge that comes as the nation’s No. 2 oil-producing state rides a wave of record revenue from drilling in one of the most prolific collection of oil fields in the world. A coalition of environmental groups filed a lawsuit Wednesday in state district court, marking the first time the state constitution’s pollution-control clause has been the basis of such a legal claim. The 1971 amendment mandates that New Mexico prevent the despoilment of air, water and other natural resources. The challenge comes as New Mexico rides a wave of record revenue from development in the Permian Basin, currently one of the world’s most productive oil-producing regions. Oil-related revenue collections have surged passed five-year averages to fund a considerable amount of the state’s budget, including education and social programs.” [The Washington Post, 5/10/23 (=)]

 

New Mexico Is Sued For Failing To Stop Oil And Gas Pollution — “A coalition of environmental groups, Indigenous people and youth climate activists filed a landmark lawsuit against New Mexico on Wednesday, charging Gov. Michelle Lujan Grisham and the Legislature with violating the state constitution by failing to curb oil and gas pollution. The groups say the lawsuit is the first of its kind to cite the state constitution’s 1971 pollution control clause, which calls protection of the state’s environment ‘of fundamental importance.’ The challengers say the lawsuit comes as oil production in New Mexico’s Permian Basin has increased nearly tenfold since 2010, leaving those in the area living ‘in some of the most polluted areas in the country.’ The lawsuit, filed in New Mexico’s 1st Judicial District Court in Santa Fe, asks a judge to declare lawmakers and officials in the oil-rich state out of compliance with their constitutional duties. It also calls for the state to establish and fund enforcement tools that protect the environment. It asks that new permits for oil and gas wells be suspended until the state complies.” [E&E News, 5/11/23 (=)]

 

Op-Ed: BLM Conservation Rule Will Safeguard Wildlife, Cherished Lands And Watersheds — “With trees budding, cactus blooming, and rivers flowing at full capacity, springtime on our public lands reminds us all just how lucky we are to be surrounded by such beauty and majesty. New Mexico is blessed with a rich and diverse tapestry of history, culture, and sacred traditions all rooted in our land and our wildlife. Whether we’re watching bighorn sheep scaling the cliffs of the Rio Grande del Norte National Monument, eagles soaring above the Caja del Rio, or pronghorn moving through Otero Mesa, our state truly is the Land of Enchantment. But it is also important to remember that to whom much is given, much is expected. As individuals and communities, we have a sacred duty to be responsible stewards of this amazing place. Unfortunately, too many of New Mexico’s public lands have been degraded due to illegal dumping, energy development, wildfire, invasive species, and other human impacts. It’s time for us to be better stewards of our land.” [Carlsbad Current-Argus, 5/10/23 (+)]

 

Wyoming

 

The Creative Way Conservationists Want To Block Mining Near Yellowstone — “For decades, conservationists have fought against gold mining at the edge of Yellowstone National Park, fearing hard-rock extraction could fragment its wildlife habitat and pollute its waterways. Now park lovers say they say have a permanent way to preserve this crown jewel of the national park system: buying gold rights at Yellowstone’s doorstep. A nonprofit conservation group called the Greater Yellowstone Coalition is poised to purchase the mining rights of Crevice Mining Group LLC, a firm that has fought for years to dig on slopes overlooking the Yellowstone River near the park’s northern border in Montana. ‘People want to experience Yellowstone like they do today for generations to come,’ said Scott Christensen, executive director of the Greater Yellowstone Coalition. The purchase, he added, would extinguish ‘the last real gold mining threat on the boundary of Yellowstone.’” [The Washington Post, 5/11/23 (=)]

 

Western Water

 

‘It’s Maybe A Year’s Worth Of Breathing Room’: Lake Powell Is Rising – For Now — “Weeks after the surface of Lake Powell sunk to an all-time low, the key Colorado River reservoir is rising more than a foot a day — on track to deepen by some 70 feet in the coming months. Spring flows into the lake are among the highest observed in its history. Want to know how your actions can help make a difference for our planet? Sign up for the Climate Coach newsletter, in your inbox every Tuesday and Thursday. That could mean long-stranded boat ramps regain water access this summer. Already, the bolstered water levels allowed for recent dam releases that sent rapids surging down the Grand Canyon for the first time in five years. But whatever optimism the recent boost might create, it should not extend beyond this year, said Bart Leeflang, the Colorado River program manager for the Central Utah Water Conservancy District. Though snowpack that feeds the river is among the basin’s deepest in decades, one expert noted that it would take nearly a decade of wet years to refill Lake Powell. River managers say difficult decisions remain about how to drastically cut water consumption from a source that serves 40 million people.” [The Washington Post, 5/11/23 (=)]

 

 

Research, Analysis & Opinion

 

Trump's Interior Boss Pens How-To Guide For Successors — “A new book by David Bernhardt, who was Donald Trump’s Interior secretary, could become vital reading for conservatives trying to stop bureaucracies from thwarting future GOP presidents, Axios Pro Energy Policy’s Jael Holzman reports. Why it matters: Unlike many Trumpworld tell-alls, which focus on D.C. intrigue, Bernhardt’s ‘You Report to Me’ unspools his decades of service into a call for cutting the decision-making authority of career staff at agencies. One chapter — ‘Draining the Swamp’ — includes specific recommendations on how to dismantle the current system of civil service. Reality check: Bernhardt’s suggestions are unlikely to be law any time soon. Yes, but: It could get the attention of Republicans seeking to back claims that agencies are being ‘weaponized’ against conservatives. It has a list of fresh allegations involving career staff that Bernhardt says actively undermined some of Trump’s policy priorities.” [Axios, 5/10/23 (=)]

 

Op-Ed: Offshore Oil And Gas Leasing: The Next Carbon Bomb? — “Four months from now, the Biden administration will put out its plan for the next five years of offshore oil and gas leasing. President Biden’s proposed offshore leasing plan could release anywhere from the same amount of carbon emissions as the Willow project to 10 times more, according to the U.S. Department of the Interior’s own projections. This is hugely significant. The decision about the future of offshore leasing has major climate implications. More leasing means more pollution in our air and waters and puts our coasts, communities, and marine life at risk of another major oil spill. President Biden’s decision on the next five-year offshore oil and gas leasing program is coming down the pike just as new polling shows that a majority of voters do not want to expand offshore drilling. Across the political spectrum, voters understand that the risks outweigh any perceived benefits, and a proposal to prevent new offshore drilling is more popular than increasing drilling. Moreover, voters overwhelmingly prefer expanding clean energy over expanding offshore oil and gas drilling.” [WorkBoat, 5/10/23 (+)]

 

 

 

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