Last
November, the Biden administration announced that it would protect the
Greater Chaco Canyon landscape in New Mexico from future oil and gas
leasing. The area is culturally significant for Pueblo peoples in the
Southwest, and the decision was seen as both a victory for Indigenous
nations and a setback for the fossil fuel industry.
“No group of Americans has created and cared more about preserving what we inherited than the tribal nations,” Biden said when
making the announcement. “We have to continue to stand up for the
dignity of sovereignty of tribal nations.” He billed the move as a win
for Indigenous communities and for the fight against climate change. The New York Times described the executive order as an element of the administration’s “ambitious climate agenda.”
Just two days later, however, the Biden administration held a
large auction for new oil and gas leases in the Gulf of Mexico. The
lease sale had been ordered by a federal judge, who earlier in 2021 had
ruled that the administration hadn’t followed the law in pausing oil and
gas sales. Nevertheless, environmentalists were dismayed. Earthjustice
called the lease sale a “huge climate bomb.”
The contradictory moves—blocking oil and gas development in one area
but greenlighting an expansion in another, even if under judicial
duress—exemplify President Biden’s approach to climate change in his
first year in office. While he has made some important steps to cut US
greenhouse gas emissions, his administration's reluctance to directly
confront the oil and gas industry is becoming increasingly apparent,
according to environmental and Indigenous groups.
“They can't have it both ways. They can't talk about climate and then
commit massive amounts of new fossil fuels in the face of a climate
crisis,” Taylor McKinnon, senior public lands campaigner at the Center
for Biological Diversity, told Sierra. “They're plagued by a lack of climate ambition at the highest levels of the administration.”
During his first days in office, Biden canceled the Keystone XL
Pipeline and directed the Department of the Interior to pause oil and
gas leasing on federal lands while it undertook a comprehensive review
of the programs. Those moves signaled that climate change would be a
central theme to the Biden era.
In April, Biden held an
international summit with global leaders, during which he announced a
new emissions target—the United States would aim to cut emissions by 50
to 52 percent by 2030. The announcement also nudged other countries to
ratchet up their ambition.
During the summer, the Department of Treasury pushed multilateral
development banks to end overseas financing for most fossil fuel
projects, and this past fall, the EPA announced new regulations on
methane emissions from the oil and gas industry. Right before
Christmas, the EPA unveiled tough new fuel economy standards for
cars and trucks—an especially important move, given that transportation
is the largest source of US greenhouse gas emissions.
Despite these moves, Biden’s climate record to date has been more
piecemeal than transformational. The White House is not yet employing
all of the levers available to the executive branch to tackle the
climate crisis. So far, the Biden administration appears to be
prioritizing the easy actions while avoiding moves that could antagonize
political enemies—like the powerful oil and gas industry.
For example, Biden has remained silent on a long list of projects
that environmental groups, Indigenous communities, and other local
grassroots movements have pressed him on. Biden took no position on the
Line 3 Pipeline, even as Indigenous water protectors and allies disrupted construction
of the tar-sands-related project and faced arrest by Minnesota state
police. Biden has said nothing about the Line 5 Pipeline, despite the
fact that a dozen Indigenous nations in Michigan,
along with a coalition of environmental justice organizations and the
Democratic governor of Michigan, seek the pipeline’s closure.
In spring, a federal judge gave the Army Corps of Engineers, which is
under the administration’s control, multiple chances to request the
shutdown of the Dakota Access Pipeline in light of the fact that the
pipeline is operating without a valid easement. Instead, in April, the
corps stuck with the Trump administration’s policy and allowed the contested pipeline to continue to operate.
Last summer, the Interior Department suspended leases
in the Alaska National Wildlife Refuge. But at the same time, the
Department of Justice defended the Willow project in Alaska, a massive
oil development led by ConocoPhillips (a federal court later shot down permits for the project).
There does not seem to be an overarching philosophy that explains why
the administration takes action in one area and not another, other than
what appears to be a desire to avoid serious confrontation with the oil
industry. “They pick and choose the things that are going to be the
easiest,” Joye Braun, the national pipelines campaign organizer with the
Indigenous Environmental Network, told Sierra.
She pointed to the recent protections for Chaco Canyon. “While that
is extraordinarily important and a decades-long fight for the tribes
down there, it doesn't do anything for the tar sands that are moving
through Line 3. And it doesn't do anything for the replacement of Line 5
or the building out of Mountain Valley [Pipeline]” in Appalachia, she
said.
Braun praised the Biden administration’s cancellation of Keystone XL
and his appointment of Deb Haaland, a member of the Laguna Pueblo, to
lead the Interior Department. Braun also said the White House has
listened, at times, to Indigenous voices, which was a departure from the
previous administration.
But beneath a lot of the rhetoric, there is plenty of continuity with
the business-as-usual approach of past administrations. “Trump was just
very overt: ‘We're going to do all this extraction, and we're going to
do all this damage, and there's nothing you can do about it.’” Braun
said, summing up Trump’s approach. “Biden is being sneaky.”
While Biden has made some important steps to
cut US greenhouse gas emissions, his administration's reluctance to
directly confront the oil and gas industry is becoming increasingly
apparent.
When asked how Braun would describe the Biden administration’s
approach to Indigenous peoples, she responded, “paternalistic.” In
communications with the White House, Braun said that Biden officials
point to their accomplishments on climate change and question why
Indigenous communities and other activists are still criticizing them.
“I'm not going to sit there and play the good little Indian,” she
added.
“There is a story in the Lakota tradition called Double Faced Woman. I
liken [Biden] to her,” Braun said with a chuckle. “She’s not a good
character.”
For some environmental advocates, a clear example of the
administration’s allergy to tough decisions came in late November when
the Interior Department released its
highly anticipated review of the federal oil and gas leasing program.
Instead of ending new oil and gas leases on public lands and waters—as
many environmental groups had hoped and Biden himself promised on the
campaign trail—the report merely called for higher royalty rates and
recommended not leasing in sensitive areas. In other words, there would
be no meaningful change to the fossil fuel bonanza on public lands.
The report barely mentioned climate change, and the fact that it was
released on the Friday after Thanksgiving struck many as an admission on
the part of the administration that it was retreating from its promises
and was hoping to avoid a negative news cycle. The Center for
Biological Diversity called it “flimsy.” Earthjustice said, “We expected
much more, especially given the Biden administration’s deeply
disappointing and legally avoidable Gulf lease sale.”
The reluctance to phase out oil and gas drilling on public lands is
especially problematic since it resides in a legal area where the
president has strong executive authority to act and doesn’t need
Congress, according to Erik Schlenker-Goodrich, executive director of
the Western Environmental Law Center.
“I think what's concerning to me, especially relative to fossil fuel
production, is the unwillingness of the administration to deal with that
supply side,” he told Sierra. “You can't avoid taking a
position on this. They seem to be avoiding taking a position on it, and
they're just pissing everybody off.”
“If you take a look at all the peer-reviewed science out there about
how we align our country's greenhouse gas emissions trajectory ... you
need to have a decline in oil and gas production,” Schlenker-Goodrich
said. The oil and gas industry “is probably laughing internally” at the
call for higher royalty rates, he added, which would have very little
financial impact on the industry and would do little to slow the pace of
leasing and drilling.
“It just suggested that the administration's ambition and capacity to
run the gauntlet with the oil and gas industry is not there. That they
seem unwilling to actually confront the power of the oil and gas
industry,” Schlenker-Goodrich added. “They're approving drilling permits
at a rate faster than the Trump administration.”
The Biden administration is staking much of its climate legacy on the
$550 billion in funding for renewable energy, electric vehicles, and
other climate programs in the Senate-stalled Build Back Better Act.
Experts say that the shift to renewable energy will accelerate
substantially if Democrats succeed in passing that legislation into law.
By any measure, it would be a major achievement—if only it can get
beyond the stalemate in the Senate.
But heavy investments in renewable energy are not enough on their
own, especially with the oil and gas industry still eyeing growth.
"Tackling the climate crisis requires both major investments in clean
energy and an immediate halt to the expansion of fossil fuels—not one
or the other,” said Athan Manual, director of the Sierra Club’s Lands
Protection Program. “President Biden has made it clear that he
understands the need for this all-hands-on-deck effort, but that
understanding still needs to be matched with ambition to make it a
reality."