Joe Biden's Climate Emergency Powers

What he could do puts what he is doing to shame.

Two notes about the climate situation we find ourselves increasingly in — one short and one a little longer.

Deb Haaland’s dilemma

First, about Deb Haaland, the much-hailed-at-the-time Secretary of the Interior, from Kenny Stancil at Common Dreams (emphasis mine):

“Two years of runaway drilling approvals are a spectacular failure of climate leadership by President Biden and Interior Secretary Deb Haaland," said Taylor McKinnon of the Center for Biological Diversity. "Avoiding catastrophic climate change requires phasing out fossil fuel extraction, but instead we're still racing in the opposite direction."

I knew accepting this appointment would come back to bite her, and then bite us as well.

And I knew when she was appointed she was being used to put a progressive face on deeds that no person of conscience should ever have countenanced doing.

Let's put it this way: If I were evil and Joe Biden in 2021, Haaland would be my first pick for that job. I'd get my oil-and-gas policies and trash progressive credibility in one swift move.

“A Proposed Program is not a decision to issue specific leases or to authorize any drilling or development,” Haaland said in a statement. “From Day One, President Biden and I have made clear our commitment to transition to a clean energy economy.”

She should pray every day that no one remembers that quote.

I hope she keeps praying. The full piece is here:

Biden’s executive powers

Next, about Joe Biden’s power in a declared emergency. There have been any number of writers who’ve looked at the powers available to every president, executive powers, in hope that Joe Biden would use them.

One of those writers was David Dayen at The American Prospect. From September, 2019, before Biden even took office:

The Prospect has identified 30 meaningful executive actions, all derived from authority in specific statutes, which could be implemented on Day One by a new president. These would not be executive orders, much less abuses of authority, but strategic exercise of legitimate presidential power.

Without signing a single new law, the next president can lower prescription drug prices, cancel student debt, break up the big banks, give everybody who wants one a bank account, counteract the dominance of monopoly power, protect farmers from price discrimination and unfair dealing, force divestment from fossil fuel projects, close a slew of tax loopholes, hold crooked CEOs accountable, mandate reductions of greenhouse gas emissions, allow the effective legalization of marijuana, make it easier for 800,000 workers to join a union, and much, much more. We have compiled a series of essays to explain precisely how, and under what authority, the next president can accomplish all this.

Nice list. Would have made Biden the next-FDR his flacks made him out to be. Any of that happen? Not so you’d notice.

Biden’s climate emergency powers

Now comes climate season — the time when climate freakouts again occur. Wildfires in Maui and on the mainland. Hurricanes in Florida and the Southeast. Sequential “hottest days ever” with more on the way. On target for +1.5 °C global warming in 2024.

And with climate season come lists of what Joe Biden could do with his extensive executive power, should he actually want to use them. It starts, of course, with declaring an actual climate emergency, and not just the virtual one he pretends he’s declared:

President Biden said in an interview broadcast Wednesday that “practically speaking” he has already declared a climate emergency, a move that liberal lawmakers and environmentalists continue to advocate to unlock far-reaching executive powers to address global warming.

During an interview with The Weather Channel, Biden initially said, “I’ve already done that,” when asked if he is prepared to declare a climate emergency. …

Pressed on whether he’s already declared an emergency, Biden said: “Practically speaking, yes.”

If and when he declares an actual emergency, there’s much he could do. It’s an amazing list.

The National Emergencies Act of 1976

The following comes from the excellent people at the Center for Biological Diversity. Under the National Emergencies Act of 1976, Biden could do this (emphasis mine below):

1. Ban crude oil exports.

The president can unilaterally ban all crude oil exports pursuant to his authorities under the NEA and the Energy Policy and Conservation Act (“EPCA”). In doing so, he can reinstate the ban on crude oil exports that was repealed in 2015, significantly curb crude oil extraction, and lower the country’s greenhouse gas emissions.

2. Stop oil and gas drilling on the Outer Continental Shelf.

A national climate emergency declaration provides the president with one of several pathways to phase out offshore drilling, another significant contributor to the climate crisis. … By declaring a national climate emergency under the NEA, the president triggers Section 12(c) of OSCLA [Outer Continental Shelf Land Act], which provides that the secretary of the U.S. Department of the Interior … can suspend operations on any offshore lease during a state of national emergency declared by the president.

3. Curtail international trade and investment in fossil fuels.

President Biden can restrict fossil fuel trade and curb investment in fossil fuel infrastructure abroad pursuant to his powers under NEA and the International Emergency Economic Powers Act (“IEEPA”). IEEPA grants the president broad authority to regulate economic transactions to address a threat that occurs substantially outside the country’s boundaries, which the climate emergency does. … The president can use his IEEPA powers to restrict fossil fuel imports, exports, and international investment to meet these decarbonization goals.

That’s a lot of power to do a lot of good. Imagine: No more oil exports; no more offshore drilling; no more national or international investment in fossil fuels.

The Defense Production Act of 1950

But there’s more. The Defense Production Act of 1950 (DPA) “is a wartime statute that permits the president to marshal domestic industry to manufacture critical materials needed for the national defense. … The president can lawfully use DPA authorities to compel production and installation of clean technologies in the country’s two leading climate-polluting sectors to boost national defense against the climate emergency: electricity and transportation. [emphasis mine]”

This means Joe Biden could:

4. Set a Green Technology gameplan.

Under Title VII authorities [of the DPA], the president can coordinate industry players and other key stakeholders to create a game plan — and ultimately, enter into cooperative voluntary agreements — for the manufacturing and deployment of green energy and transportation technologies. Specifically, the president should leverage the planning and agreement stage to spur the design of electricity and transportation systems that are not only decarbonized but center justice and equity to redress harms experienced by communities and environments disproportionately harmed by the fossil fuel energy complex.

5. Identify clean technologies and finance domestic green manufacturing.

Pursuant to his Title I DPA authorities, the president should identify the manufacturing needs to realize the plans for renewable energy and transportation systems. Regarding the electricity system that optimizes DERs, he should prioritize the manufacturing of solar panels, photovoltaic cells, photovoltaic wafers, solar modules, solar grade polysilicon, inverters, racking equipment, trackers, direct current optimizers and other relevant solar components; microgrids and related components; home and community storage technologies and related components; and energy efficiency technologies. …

Pursuant to his Title III DPA authorities, the president can offer loan guarantees, loans, and grants to government or privately-owned manufacturing plants to expand their productive capacity and repurpose equipment to meet the manufacturing demands in clean energy and transportation technologies.

6. Buy and allocate manufactured goods to be deployed to federal government agencies, environmental justice communities, and public entities.

Under DPA Title I, Biden can mandate domestic manufacturers prioritize federal government purchasing contracts for clean technologies, as well as allocate the technologies per the president’s discretion. Under DPA Title III, the president can offer federal government purchasing contracts to compel clean manufacturing.

The Stafford Act of 1988

Finally, the Stafford Act of 1988 would allow President Biden “to unlock significant finance to construct resilient renewable energy systems in frontline and environmental justice communities vulnerable to climate disasters, as well as direct disaster funding away from fossil fuel investments. Once he declares the climate crisis as an emergency and when he declares major disasters in states, Tribal nations, and territories, the Stafford Act permits the president to deploy federal assistance to supplement state and local efforts towards disaster and emergency relief.”

Under this act, Joe Biden could:

7. Declare a climate emergency to target recovery to support climate resiliency.

Under a climate emergency declaration, the president can unlock key emergency funding streams to maximize mitigation against a future climate disasters. Specifically, the president is empowered to provide Individual Assistance through the Individuals and Households Program, which provides financial and direct services to individuals and households affected by an emergency or disaster to help homeowners repair or rebuild stronger, more durable homes. This can entail equipping homes with independent solar and battery systems, as well as greater energy efficiency technologies to cut down energy demand, within limits of around $35,500 per household in FY2020 (and annually adjusted). …

Additionally, the president can unlock Public Assistance for immediate threats, such as emergency protective measures to prevent or mitigate risks to lives, health, safety, or property. The president should ban those funds from going toward fossil fuel stopgap solutions like diesel generators and restoration of large fossil fuel infrastructure and instead prioritize, when feasible, portable electric generators to power essential services and other electric recovery equipment.

8. Declare a climate major disaster to undertake pre-disaster mitigation and target recovery to support resilient, clean systems.

The president can also declare a major disaster when states, territories, and Tribal governments that request it. Climate-induced extreme weather events constitute “natural catastrophes,” including flood and fire, that cause sufficient damage to warrant major disaster assistance” from the federal government. …

Under a major disaster declaration, the president may unlock the full bevy of assistance programs for both pre-disaster mitigation and post-disaster relief, including: Public Assistance funding for emergency and permanent work — which includes the restoration of damaged facilities, including utilities and public works facilities, roads and bridges, buildings, and other facilities; Individual Assistance; and HMGP assistance.

Again, the full document, with legal justification for all its proposals, is here.

Better to act than not — this includes you

Doing things is better than not doing them in a case like this. Wouldn’t it be nice if we had a president, Joe Biden for example, who would act for us? It’s probably not too late to tell him your thoughts. Phone lines are open, and I’m sure, in campaign season, he’d love to hear from you.

Or you could do things on your own, perhaps by helping these people — ClimateDefiance.org. I hear they’re doing things.