Biden’s new climate orders to reshape U.S. energy policy

“In a sharp contrast to the Trump administration’s focus on increasing fossil fuel production, Biden’s orders will press pause on auctions of federal lands and waters to oil and gas companies, expand conservation protections for large swathes of federal land, create a new civilian conservation corps and promise to deliver economic help to coal-producing regions suffering from the industry’s decline.

Biden will still need Congress to accomplish his target of spending $2 trillion on climate change to help reach the goal of eliminating greenhouse gas emissions from the power sector by 2035 and across the economy by 2050. But the orders to be issued Wednesday show Biden taking aggressive steps to launch a government-wide effort toward tackling climate change.”

“Last week, on his first day in office, Biden signed an executive order calling for reconsidering methane emission rules from new oil and gas sources, reversing Trump rules that rolled back vehicles’ tailpipe carbon dioxide limits, and canceling a permit for the Keystone XL pipeline, the subject of pitched political battles for a decade.
Wednesday’s orders fill in many of the details left out of last week’s orders, including setting the date that Biden will convene a promised climate change summit with world leaders for April 22, Earth Day.

The new orders will also address “environmental justice” issues, such as by establishing new commissions to address the concerns of so-called fenceline communities that are disproportionately people of color or low-income families that live near pollution sources. Biden is also directing agencies to weigh the climate change effects of all their decisions, a move that could affect procurement strategies for government vehicle fleets or electricity production.”

“The order that has generated the sharpest opposition from oil companies is one that promises to re-write the relationship between the industry and public lands. The Biden administration will order an open-ended freeze on offering public land for oil and gas drilling and coal mining, pending reviews of whether such leases were in the public interest. Under that review, the administration is expected to consider whether to add language to new government lease agreements to tighten standards on greenhouse gas emissions and increase the royalties that companies must pay for minerals they produce on public land.”

“Wednesday’s move will not affect production currently underway or the oil and gas leases and permits that companies had stockpiled under Trump administration in expectation of new restrictions. That means oil and gas production on federal land, which contributes about one-fifth of overall U.S. production, will not stop immediately, with activity likely to continue for at least another year, energy analysts have said.”

“a pause on new activity could come back to take major bite out of some state budgets, especially those with an out-sized dependence on oil production for revenue, such as New Mexico, which gets more than 10 percent of it revenue from the activity.

New Mexico Chamber of Commerce President and Chief Executive Rob Black said the moratorium would simply lead companies to shift their operations to neighboring Texas, a state with little federal property and a state oil industry regulator who has called concerns about greenhouse gas emissions “misplaced.”

“It won’t further our shared goals on carbon emissions,” Black said during a call with reporters. “It would just cause production to move a few miles down the road to private oil and gas leases [in Texas] or will incentivize it to go overseas to Saudi Arabia and Russia.””

Trump’s executive order on social media is legally unenforceable, experts say

“Trump’s new order aims to limit social media companies’ legal protections if they don’t adhere to unspecified standards of neutrality. It comes just two days after Twitter fact-checked two of his tweets that made misleading claims about voting-by-mail in the 2020 elections.”

“The order calls for limiting protections that a law called Section 230 offers tech companies like Twitter, Facebook, and Google by not holding them responsible for what users post on their platforms.”

“To do this, the order tasks regulators at the Federal Communications Commission and the Federal Trade Commission to create new rules that could pull back some of those protections, potentially opening them up to a litany of lawsuits for libel, defamation, and other complaints.”

“Critics — including, reportedly, some of Trump’s most conservative advisers — have warned the order could set a dangerous and unconstitutional precedent that the president can use executive powers to effectively censor companies for political reasons. Many legal experts say the order is largely toothless and will be challenged in court.”

“Ironically, it’s actually Trump — not Twitter — who is wading into unconstitutional territory here. If Trump were to try to shut down social media companies in retaliation for Twitter’s fact-check of his tweets, that would be a clear violation of the First Amendment. It would be sure to invite a fierce legal challenge and would signal an alarming attempt by the president of the United States to wield his executive power against one of the most fundamental rights in this country.”