I am not going to sugarcoat it: a second Trump administration is a threat to our planet and the next four years are going to be difficult. During the Biden administration, rightwing activists were working hard at developing an aggressive agenda for Trump that will take aim at many things we hold dear. This includes attacks at many of our nation’s bedrock environmental laws, like the Endangered Species Act and Clean Air Act. Where the new administration is unable to successfully strip environmental protections, there will likely be funding cuts to agencies charged with enforcing those protections. But we will resist. We will protest. And we will fight them in court.
Coming into a second term, it appears that Trump will be better able to execute his agenda. It took some time for the Trump administration to learn how to govern during his first term. In his return, his administration will likely better understand how to better work their agenda. Trump now controls both houses of Congress. And with 220 judges appointed in his first term, Trump has significantly remade the judiciary to be sympathetic to his work.
Here is EPIC’s playbook for the next four years: aggressive defense of environmental laws and pushing California to strengthen its own environmental laws to make up for any federal rollbacks.
We are likely to see attacks on environmental laws on three levels:
First, a Republican Congress and Presidency are likely to make frontal attacks at federal environmental laws. These might not have a high likelihood of success because federal environmental laws are very popular. Less overt attacks (such as riders in “must-pass” legislation, like appropriations bills) with more limited aims (such as temporary suspension of laws or playing with federal appropriations to defund specific enforcement) are more likely to pass. The 1995 “salvage rider,” which exempted post-fire timber sales from environmental laws between 1995 and 1996, is one good example of what’s possible. The environmental movement’s ability to attack these in court will be limited. The best way to limit these kinds of attacks is better success at the ballot box in midterm elections for Congress in 2026.
Second, the Trump administration is likely to pass new regulations and rules interpreting federal environmental laws. Because federal laws are often written vaguely, regulations that interpret or implement federal environmental laws are often powerful. The Trump Administration spent considerable effort on this front during his first term. We anticipate a similar repeat performance. Luckily, here is where litigation can play an influential role. Through litigation, we are often able to stop implementation of new bad regulations or delay their implementation into the next presidential term.
Third, we are also likely to see increased pressure put on federal agencies to allow more logging, drilling, mining and grazing on public lands. Here, to the extent that federal law will still allow, we will work, project-by-project, to scrap and brawl over everything we are able. This is familiar work to EPIC. We have commented on every federal timber sale across the more than five million acres of Klamath, Shasta-Trinity, Six Rivers and Mendocino National Forests for over twenty years.
The State of California can also utilize its powers to protect the environment. It is imperative that the California State Legislature passes meaningful legislation and that the governor signs this into law. For example, the California Endangered Species Act is weaker than the federal Endangered Species Act in its prohibition of “take,” meaning that many forms of habitat destruction escape the state Act. Further, the California Endangered Species Act lacks a “citizen suit provision” that would allow groups like EPIC to enforce the law. With minor changes, we can ensure that state law robustly protects the environment.
As the 5th largest economy in the world, the Golden State can influence things beyond our borders. It is also an actor capable of asserting itself on the international stage. California currently has a number of multilateral and bilateral agreements with foreign nations. After Trump removed the United States from the Paris Climate Accords in 2017, California led the creation of the U.S. Climate Alliance, a coalition of states committed to reducing greenhouse gas emissions consistent with the goals of the Paris Agreement.
In the face of cuts to federal spending on the environment, finding new, independent sources for environmental protection are likewise going to be important. In this last election, California voters approved Proposition 4, a $10 billion bond to fund immediate climate action. (Thank you!) While a great victory, that’s only a fraction of what the Golden State will need to address climate change. We need to develop new funding streams to accomplish the lofty public infrastructure investments necessary to meet the climate crisis.
These are difficult times. The best antidote I know to despair is doing something. It's time to put our shoulders to the wheel.
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