Reversing Trump’s Environmental Policies Under a Biden Administration will be a Tall Order

This year’s presidential election was a close race in a handful of states. When the Associated Press announced that, for just the second time in 70 years, with the help from the Native vote, announced a decisive win for Democrat Joe Biden announced an ambitious Indian Policy as part of his campaign, over President Trump on November 7, 2020. This was partly due to record turnout throughout the country, including pivotal votes from Native Americans in key states. As of 2018, the state of Arizona alone which turned from red to blue this election cycle, members of federally recognized tribes made almost 6% of the population and the Navajo Nation alone contains around 67,000 eligible voters.

The question on everyone’s mind is whether a Biden win will end Trump’s war on the environment. If the democrats do not become the majority party in the senate, in order to stay on track with his environmental agenda, Biden will need to rely primarily on executive actions and essential legislative measures like tax reform, the federal budget and the Farm Bill. Just hours after the United States officially withdrew from the Paris accord, on the day after the election, for example, Biden announced that he would reverse that decision on the first day of his term in office.

During his candidacy, Biden also pledged to reverse several of Trump’s Alaska initiatives including drilling in the Alaska National Wildlife Refuge and issuing a permit to develop the Pebble Mine. Also, in relation to Alaska Native Tribes Biden plans to create a new division of the Justice Department that will focus on environmental and climate justice and to incorporate environmental justice throughout EPA programs.

The key will be how hard will the Trump administration push for completion of it’s resource extraction agenda before he leaves office on January 20. Although, The Trump administration recently issued a request to energy companies to identify what specific land areas in the Arctic National Wildlife Refuge should be offered for sale, this will be difficult due to the remaining environmental analysis, leasing logistics and the fact that global banks continue to adopt policies stating that they will not fund drilling in the Arctic due to climate change. And there’s also the fact that many of the Trump administrations decisions affecting BLM lands, including ANWR and the NPRA leasing were made by Scott Pendly who has been serving illegally as the Director of the Bureau of Land Management for the past 14 months.

Never one to let a small thing like the law get in the way of opening lands up to resource extraction activity however, Trump could simple move to put leases in ANWR and open up areas to mining, despite federal laws or even court orders to the contrary before leaving office. And then there’s the fact that Trump has not conceded the elections results to Biden and may not leave the Whitehouse at all.