Restoring Agency Norms

Donald Trump prided himself on his contempt for established norms of presidential action. Whole books have been written about how to restore those norms. Something similar also happened deeper down in the government, out in the agencies like the U.S. Environmental Protection Agency (EPA) that do the actual work of governance. Trump appointees have corrupted agencies and trashed the norms that support agency integrity. It will take hard work to undo the harm. White House leadership is important, but success will require dedicated effort by the agency heads appointed by Biden.

In the midst of a global pandemic and increasingly desperate attempts by the Trump administration to subvert the results of the 2020 election, it would be easy to miss a slew of recent news stories on individuals the media has termed "climate refugees." These are people who have been displaced due to catastrophic climate change, or who will be forced to flee as their homes become too hot, too cold, or too dry, or if they become regular targets of massive storms or end up underwater. As many of these stories have highlighted, among those most at risk are the Indigenous peoples of the United States. Yet, there is a potential path out of climate-induced devastation.

A recent Ninth Circuit ruling overturned approval of offshore drilling in the Arctic. The ruling may directly impact the Trump administration's plans for oil leasing in the Arctic National Wildlife Refuge (ANWR). By requiring agencies to consider emissions when fossil fuels are ultimately burned, the Court of Appeals' decision may also change the way agencies consider other fossil fuel projects, such as gas pipelines.

Ever since the U.S. Environmental Protection Agency (EPA) issued a dangerous (and now-rescinded) policy relaxing enforcement of environmental protections in March, the Center for Progressive Reform has watchdogged responses from state environmental agencies in three states in the Chesapeake Bay Region — Maryland, Virginia, and Pennsylvania. While the EPA essentially gave companies a free pass to hide pollution violations during the pandemic, most states set up processes to handle COVID-19-related noncompliance. Environmental agencies in the three states we monitored received dozens of waiver requests related to water, land, and air quality protections, pollution controls, sampling and monitoring, inspections, and critical infrastructure deadlines. A majority of these requests were related to the pandemic. But others, such as those seeking to delay important deadlines for construction projects, were not. This suggests that some polluters are using COVID-19 as an excuse to subvert or delay deadlines that prevent further air or water pollution.

On October 22, millions of Americans watched the final presidential debate, taking in each candidate's plan for oft-discussed issues like health care, the economy, and foreign policy. Toward the end, the moderator asked the candidates how they would address the disproportionate and harmful impacts of the oil and chemical industries on people of color. President Trump largely ignored the question. But former Vice President Joe Biden addressed it head on, sharing his own experience growing up near oil refineries and calling for restrictions on "fenceline emissions" -- the pollution levels observed at the boundary of a facility's property, which too often abuts a residential neighborhood. Less than three weeks later, Biden was elected president of the United States, making it possible for him to turn his campaign promises into action.

At long last, we’ve reached “safe harbor” day, when states must resolve election-related disputes. Under federal law, Congress must count votes from states that meet today’s deadline. Donald Trump is essentially out of time to steal a second term; our democracy, it appears, will survive, at least for now. The last four years have been an urgent call to action to reclaim our democracy, to fix it, to reimagine it. The good news is we can use the tools of democracy to do so. The Center for Progressive Reform is launching Policy for a Just America, a major new initiative to repair and reimagine government. We’re developing a series of policy recommendations and other resources to advance justice and equity and create a sustainable future. We’re also using advocacy and media engagement tools to inform the public about the urgent need for reform and how to achieve it across all levels of government.

Everyone who has studied what agencies in fact have done have concluded that agencies have largely failed in complying with varying retrospective review requirements. What is to be done? The Department of Health and Human Services (HHS) has a proposed answer: absent a retrospective review within a designated period, sunset the regulation.

It's clear that EPA has a central role to play in climate policy, but EPA does not stand alone. Other agencies also have important roles to play. Fortunately, the Biden transition team seems to have come to this realization.

After taking their oaths of office in January, newly minted President Joe Biden and Vice President Kamala Harris will face a number of daunting challenges: the ongoing pandemic and economic downturn; structural racial and ethnic injustice; widening economic inequality; inadequate access to affordable health care; and climate change. And Congress, facing the prospect of divided control, is unlikely to respond with robust legislative solutions that the American people expect and deserve. The good news is that Biden and Harris will be able to meet these challenges head on by revitalizing governance and making effective use of the federal regulatory system. Better still, they can do so in a way that delivers justice and equity for all Americans.