Policy News: January 31, 2022

In this issue:

Congress
House leadership unveils legislation reauthorizing the National Science Foundation and the Department of Energy Office of Science.

Executive Branch
Interior Department seeks nominations for the Invasive Species Advisory Council.

Courts
Supreme Court to hear Clean Water Act case.

States
Utah State Legislators considering plan to save the Great Salt Lake from drought.

International
UN seeks input about possible topics for the Ocean and Climate Change Dialogue.

Scientific Community
The National Science Board releases The State of U.S Science and Engineering 2022 report.

Federal Register opportunities

Congress

Research Policy: The House leadership unveiled the America COMPETES Act (H.R. 4521). This broad innovation and competitiveness act includes measures reauthorizing the Department of Energy Office of Science and the National Science Foundation (NSF). This bill is the House’s version of the U.S. Innovation and Competition Act (S. 1260), which passed the full Senate during summer 2021. The NSF and DOE science provisions in the new COMPETES bill are largely similar to the NSF for the Future Act and Department of Energy Science for the Future Act, which passed the House this past summer. ESA endorsed the NSF for the Future Act in May 2021.

The NSF provisions of the America COMPETES Act creates a new NSF Directorate for Science and Engineering Solutions. This bill tasks the new directorate with accelerating research and development to advance solutions to pressing societal challenges, including climate change and sustainability, global competitiveness, STEM education and workforce and social and economic inequality. According to a summary from Speaker of the House Nancy Pelosi (D-CA), the House bill takes a “do no harm” approach to NSF’s existing directorates and structures the new directorate so that NSF’s current work is not put at risk. The bill also includes the Combating Sexual Harassment in Science Act (H.R. 2695), the STEM Opportunities Act (H.R. 204), the MSI STEM Achievement Act (H.R. 2027) and Rural STEM Education Research Act (H.R. 210).

The Department of Energy authorizes up to six bioenergy research centers and research in earth and environment systems science, including new initiatives in coastal zone research and engineered ecosystems.

The full bill is nearly 3,000 pages long. For more information about the bill, see the summary of the bill and the section-by-section overview.

Lawmakers have submitted over 500 amendments to the America COMPETES Act. The House Rules Committee will consider these amendments during a hearing tomorrow, Feb. 1. 

Conservation: The House Natural Resources Committee approved the Recovering America’s Wildlife Act (H.R. 2773). This bill provides a combined $1.4 billion annually to state and tribal fish and wildlife agencies for conservation and the implementation of state wildlife action plans. ESA and other scientific societies have endorsed previous versions of the Recovering America’s Wildlife Act.

The House version of the bill does not specify a funding source for the bill. Lawmakers voted down amendments from Natural Resources Committee Ranking Member Bruce Westerman (R-AR) that would have designated funding sources for the bill. The Senate companion bill funds the program through penalties paid for natural resources and environmental violations. However, Environment and Public Works Chairman Tom Carper (D-DE) has expressed concerns that the revenues from environmental penalties are unreliable. The House Natural Resources Committee did not consider environmental penalties as a funding source. Bill sponsor Rep. Debbie Dingell (D-MI) said she would work with Republicans to find a funding mechanism before the bill reaches the House floor.

There is broad bipartisan support for the bill. The lead sponsors in the Senate are Sens. Martin Heinrich (D-NM) and Roy Blunt (R-MO) and the lead sponsors in the House of Representatives are Reps. Debbie Dingell (D-MI) and Jeff Fortenberry (R-NE).

Climate: The House Sustainable Energy and Environment Coalition announced that the group has formed three task forces, one focused on climate and agriculture, another focused on climate and national security and a power sector task force. These groups will work to ensure that legislation, including the Farm Bill, the annual National Defense Authorization Act, the annual appropriations bills and the Build Back Better Act include robust climate provisions. The House Sustainable Energy and Environment Coalition is a group of more than 70 House Democrats.

Legislative updates:

  • Sen. Chris Coons (D-DE) and Rep. Scott Peters (D-CA) introduced legislation (H.R. 6461 & S. 3531) that requires the federal government to develop a National Climate Adaptation and Resilience Strategy and authorizes a chief resilience officer position in the White House. The bill has bipartisan support – Sen. Lisa Murkowski (R-AK) and Rep. Maria Salazar (R-FL) are lead co-sponsors.
  • Rep. Pramila Jayapal (D-WA) and other Congressional progressives introduced the Climate Resilience Workforce Act (H.R. 6492). This bill creates a White House Office of Climate Resilience, creates grants for climate resilience jobs and funds the development of regional, state, local and community-based climate resilience action plan.

Executive Branch

White House: President Biden met with the President’s Council of Advisors on Science and Technology after a meeting of the council, which focused on efforts to improve monitoring of greenhouse gas emissions and accelerate innovation in energy technology. View the White House readout.

Invasive Species: The Biden administration is reconstituting the Invasive Species Advisory Council (ISAC). This committee advises the National Invasive Species Council which provides high-level interdepartmental coordination of federal invasive species actions and works with federal and non-federal groups to address invasive species issues at the national level.

In 2019, the Trump administration disbanded the ISAC and cut funding for the National Invasive Species Council (NISC) secretariat by 50 percent. Former ISAC members Laura Meyerson, James Carlton, Daniel Simberloff and David Lodge published an editorial in Frontiers in Ecology and the Environment explaining the importance of federal leadership in invasive species policy and decrying the cuts to NISC.

NISC is now accepting nominations for members to the newly reestablished ISAC (see Department of the Interior’s press release).  

Details on how and where to submit nominations during the open period are provided in the Request for Nominations published in the Federal Register. More information on the ISAC can be found on the NISC website

The 60-day open nomination period will close on Monday, March 28, 2022. For any questions on the ISAC, or the nomination process, contact ISAC coordinator Kelsey Brantley at kelsey_brantley@nullios.doi.gov or through the NISC general e-mail at invasive_species@nullios.doi.gov.

EPA: The agency released a list of nominees to serve on the Clean Air Scientific Advisory Committee (CASAC) Ozone Review Panel. This body will review the EPA’s scientific review of current ozone pollution standards. In 2019, the Trump administration opted to keep ozone pollution standards the same. The Biden administration announced this is it revisiting that decision in 2021. Comments on the nominees should be sent to the EPA no later than Feb. 11, 2022.

USFWS: The agency is proposing listing the Sacramento Mountains checkerspot butterfly (Euphydryas anicia cloudcrofti) as an endangered species. This butterfly is native to New Mexico. This proposed rule contrasts the Fish and Wildlife Service’s 2004 and 2009 determinations that the species did not warrant protections. The agency determines that drought associated with climate change has worsened habitat conditions for the Sacramento Mountains checkerspot butterfly. Public comments on the proposed rule close March 28, 2022.

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Courts

Clean Water Act: In what will be one of the most important final environmental rulings in the history of the U.S., the Supreme Court granted certiorari  when it will decide the appropriate definition of “waters of the United States” (WOTUS) in the Clean Water Act (CWA).

In the case, the Court will hear, Sackett v. EPA, the Sackett’s sought a CWA Section 404 permit to develop wetlands on their property that was denied. At question is the ruling made over 15 years ago in Rapanos v. United States.  

According to Venable law firm, in “Justice Kennedy’s “significant nexus” test from Rapanos, the courts concluded that the wetlands on the Sacketts’ property have a significant nexus to a nearby lake and are therefore waters of the United States. The Sacketts have argued consistently (with support of the Pacific Legal Foundation) that they do not need a permit to develop their land because Justice Scalia’s “continuous surface connection” test is the controlling law from Rapanos.”

Currently, the Biden administration EPA is establishing a “durable” definition of WOTUS that’s informed by a “diverse perspectives and protects public health, the environment, and downstream communities while supporting economic opportunity, agriculture, and industries that depend on clean water.” The EPA may issue a final rule before the oral arguments that are scheduled for next fall in the Supreme Couty chamber in Washington, DC.

The Supreme Court may not issue its ruling until 2023. ESA and other science societies have supported the 2015 definition of WOTUS that is based in sound science including endorsing an amicus brief in a former court case. ESA anticipates that many environmental and science societies will be submitting amicus briefs to the Supreme Court supporting the 2015 WOTUS definition that would protect wetlands.

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States

International

Climate: The United Nations Climate Change Secretariat and the Chair of the Subsidiary Body for Scientific and Technological Advice (SBSTA) are seeking input from stakeholders about possible topics for the Ocean and Climate Change Dialogue. This dialogue will be held in conjunction with the 2022 session of the Subsidiary Body for Scientific and Technological Advice. The Glasgow Climate Pact invited the SBSTA Chair to hold an annual Ocean and climate change dialogue and prepare an informal summary report that is made available to the Conference of Parties at each subsequent session.

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Scientific Community

NSF: The National Science Board released its biennial The State of U.S. Science and Engineering 2022 report. The report finds that the U.S. plays an important role in global research and development but further action is needed to address urgent problem, such as disparities in U.S. K-12 STEM education and student performance across demographic and socioeconomic categories and geographic regions. Other findings include that together, the U.S. (27% of the global total) and China (23%), perform about half of global R&D. Articles by authors with U.S. affiliations remain the most highly cited, followed by those from authors with affiliations in China and the European Union.

NCA: The Youth Environmental Alliance in Higher Education and the Rutgers Climate Institute will host a special event for university and high school students Feb. 15 from 7-9pm EST to discuss the Fifth National Climate Assessment. Attendees will have the chance to hear from the authors of the assessment and discuss how the report can learn from and reflect the concerns of young people in the U.S. The National Climate Assessment is a congressionally mandated quadrennial report led by the U.S. Global Change Research Program. The report evaluates the effects of climate change on regions and sectors of the United States and reports on trends in climate change for the next 25 to 100 years. Register for the event here.

National Academies: According to the NAS website, a new booklet from the National Academies of Sciences, Engineering and Medicine provides an easy-to-read overview of biodiversity and why it is vital to the health of all life on the planet. Former ESA President Ann Bartuska chaired the committee that wrote the consensus report.

The booklet, written by an international committee of experts and intended for policymakers and the public, examines the causes of biodiversity loss and presents actions that can be taken at all levels to stop this decline. Halting and reversing the biodiversity crisis will require systemic changes to the ways we build, farm, and live, the booklet says. Individual actions also have an important role to play, and the booklet outlines how individuals can change their habits to benefit biodiversity.

NAS will host a webcast entitled “Climate Conversations: Biodiversity”  Thursday, Feb. 24, 2022 from 3-4pm ET that includes discussion of the new consensus study. Register to attend.

IPBES: A press release announced that the Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES) selected six new co-chairs – three each to lead work on two major new multi-year international scientific assessments.
 
The IPBES assessment of the interlinkages among biodiversity, water, food and health (the ‘Nexus Assessment’) will be led by Prof. Paula Harrison (UK) from the UK Centre for Ecology & Hydrology; Prof. Pamela McElwee (USA) from Rutgers, the State University of New Jersey; and Dr. David Obura (Kenya) of CORDIO East Africa.
 
The IPBES assessment of the underlying causes of biodiversity loss, the determinants of transformative change, and options for achieving the 2050 vision for biodiversity (the ‘Transformative Change Assessment’) will be co-chaired by Prof. Arun Agrawal (India & USA) from the University of Michigan; Prof. Lucas Garibaldi (Argentina) from the National University of Río Negro; and Prof. Karen O’Brien (USA & Norway) from the University of Oslo. Visit this link to read the entire press release.

Yale Forum on Religion and Ecology: Six online courses framed as “Religions and Ecology: Restoring the Earth Community” are now available through Yale University and the Coursera online learning platform. The courses are free to audit and available anywhere in the world. Community mentors are provided for each course for further support and engagement. Go here to see the full list of courses and find out more details.

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ESA Correspondence for Policymakers

View more letters and testimony from ESA here.

Federal Register Opportunities

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Visit this page on ESA’s website for updates on opportunities from the Federal Register, including upcoming meetings and regulations open for public comment.

ESA’s policy activities work to infuse ecological knowledge into national policy decisions through activities such as policy statements, Capitol Hill briefings, Congressional Visits Days, and coalition involvement. Policy News Updates are bi-monthly summaries of major environmental and science policy news. They are produced by the Public Affairs Office of the Ecological Society of America.

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