Assistant Attorney General Clark’s Clean Water Act Edict: A Solution to a Non-Existent Problem?

Posted on July 30, 2020 by Jeffrey Porter

During the dog days of summer in a general election year, Assistant Attorney General Jeffrey Bossert Clark, the nation's top environmental lawyer, has issued an eloquent, albeit curiously sourced, ten page edict to his subordinates at the Department of Justice decreeing that the Federal Government will not make the same Federal Clean Water Act claims as a State unless there is a good reason to do so.  See Civil Enforcement Discretion in Certain Clean Water Act Matters Involving Prior State Proceedings (July 27, 2020), https://www.eenews.net/assets/2020/07/27/document_gw_03.pdf.

Environmentalists will likely complain that this edict is intended to prevent Federal cases that might otherwise be brought.   But there’s no evidence that “overfiling,” which is when the Federal Government commences an enforcement action that is already the subject of a State enforcement action, has been common during the Trump Administration, or any other recent Administration.

More specifically, as AAG Clark knows, nearly one in four State Attorneys General are currently suing the Environmental Protection Agency over what they allege is an impermissibly narrow interpretation of the Federal Clean Water Act.  See State of California, et al. v. Andrew H. Wheeler as Administrator of the United States Environmental Protection Agency, et al. (May 1, 2000), https://ag.ny.gov/sites/default/files/wotus_complaint.pdf.   Regardless of what one thinks of the merits of the Attorneys General’s case, it seems irrefutable that the Federal Government has not been, and will not be, overaggressive about enforcing the Federal Clean Water Act during this Administration.

If AAG Clark really intends to effect a meaningful change in the Department of Justice’s behavior in the future, why did he recite and ratify so many traditional circumstances in which Federal enforcement on top of State enforcement is deemed appropriate, including when a State is sitting on its hands, when the State requests it, when important federal interests are implicated, when there is a "gap" in the relief sought by the State, or where there are otherwise "exceptional circumstances"?

And why, to support what seems to be a completely uncontroversial conclusion, did the Assistant Attorney General feel compelled to cite an opinion of the Supreme Court authored by the late Justice Antonin Scalia striking down a provision of the Brady Handgun Violence Prevention Act as well as equally irrelevant remarks on white collar crime prosecutions by former Deputy Attorney General Rod Rosenstein?

And why does Assistant Attorney General Clark not reference at all a year-old EPA edict by the Assistant Administrator for Enforcement and Compliance Assurance, which requires coordination between EPA and any State before EPA gets involved in a matter already the subject of State enforcement? See Enhancing Effective Partnerships Between EPA and the States in Civil Enforcement and Compliance Assurance Work (July 11, 2019), https://www.epa.gov/sites/production/files/2019-07/documents/memoenhancingeffectivepartnerships.pdf.

And, if all of this isn’t puzzling enough, why does Assistant Attorney General Clark begin his memorandum about when the Federal Government should bring claims already brought by a State by questioning one of the fundamental premises of federal environmental law proffered by one of his most respected predecessors over forty years ago?

Since the Assistant Attorney General’s memorandum seems to be a solution to a non-existent problem, one is left to wonder whether there is more to it than meets the eye.

Trump Upends NEPA Rules in the Name of Speed

Posted on July 28, 2020 by Rick Glick

On July 15, 2020 President Trump announced a “top to bottom overhaul” of the National Environmental Policy Act (“NEPA”) regulations, complaining about the “mountains and mountains of bureaucratic red tape in Washington” getting in the way of major federal projects such as pipelines and highways. NEPA, signed into law 50 years ago by President Nixon, requires federal agencies to consider the environmental effects of a proposed project before approval, and to provide the public and stakeholders the opportunity to comment.

With the new rule going into effect on September 14, 2020, the Trump administration hopes to streamline environmental review of major projects requiring federal approvals or located on federal lands. While many of the current NEPA processes will remain in place, the new rule includes at least three major changes weakening the reach of NEPA.

First and perhaps most significantly, the rule removes the definition of “cumulative impact” from the regulations, and revises the definition of “effects,” effectively eliminating the concept of the cumulative effects analysis. Under former NEPA regulations, “cumulative impact” was defined as “the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions.” The new rule takes the position that consideration of cumulative impacts is not required by NEPA, and “can divert agencies from focusing their time and resources on the most significant effects.”

However, NEPA implementation has long been premised on the fact that environmental effects do not occur in a vacuum and can only be understood in the context of previous developments. The impact of a discrete action may itself not be significant, but in combination with prior or other actions can be very significant indeed. A good illustration is Sierra Club v. Penfold, a 1987 decision affirmed by the 9th Circuit in which the district court found that while individual gold placer mines were very small operations with minor impact, taken together they had a significant impact on at least two watersheds, thus requiring an EIS.

The new rule also clarifies that agencies should not consider effects to be significant if they are “remote in time, geographically remote, or the result of a lengthy causal claim,” citing Dep’t of Transp. v. Pub. Citizen, 541 U.S. 752, 767-68 (2004), for support. Under this revision to the rule, broader environmental degradation, such as climate change, would not be considered. For example, a pipeline carrying shale oil or gas would be analyzed for the effects of ground disturbance where the trench is excavated, but not the effects of facilitating oil and gas exploration, extraction and consumption in faraway locations. The removal of cumulative and attenuated impacts from consideration under the NEPA process would significantly reduce the reach of the statute and will likely draw legal challenges.

Second, the new rule allows project proponents to prepare their own Environmental Impact Statement (“EIS”), whereas previous regulations only allowed the project proponent to prepare an Environmental Assessment (“EA”). Previously, the lead federal agency would either do the review or engage a contractor, paid for by the applicant. The new rule thus increases the role project proponents may play in assessing the environmental impact of their own projects. Applicants will still need to disclose any financial or other interest in the outcome of the action subject of the EIS, a requirement that the Trump administration originally proposed to abandon but decided to maintain in response to public concerns about transparency.  

Third, the new rule narrowed the definition of “major federal action,” explicitly excluding actions with “minimal Federal funding or minimal Federal involvement.” The new rule also now excludes extraterritorial activities or decisions from the NEPA process.

Industry groups have generally welcomed this new streamlined process, while critics have raised concerns that the Trump administration’s action significantly narrow the reach of NEPA and will negatively impact our environment and communities of color that are often disproportionately affected by major pipeline or highway projects.

President Trump continues to move forward with his promise to accelerate and weaken the environmental review process applying to industrial and energy projects, as we have periodically reported in our “Trump Track” posts. Like many other actions we reported on, the new rule is sure to draw legal challenges, and could be vulnerable to repeal under the Congressional Review Act (CRA) depending on the results of the 2020 November election.

While the NEPA process is no doubt overly expensive and time-consuming, overhauling it by rule is problematic because of decades of case law enforcing the notion that agencies must take a “hard look” at impacts associated with an action, assess them in context, and demonstrate a thorough consideration of alternatives. Undoing this extensive body of case law will require legislation, not simply a new rule which is likely to only generate more litigation. Thus, the likely short-term effect of the rule is to further delay, not accelerate projects, as the inevitable court challenges proceed.

Full Funding Finally

Posted on July 23, 2020 by Philip Tabas

 

The US’s most important conservation program is about to get the assured funding that its creators envisioned 55 years ago.

The US House of Representatives voted 310-107 on July 22nd to approve the Great American Outdoors Act (GAOA.)  Earlier, on June 17th, the Senate passed the GAOA with a 73-25 vote. This is an overwhelming show of bipartisan support for the bill, which would fully and permanently fund the Land and Water Conservation Fund (LWCF) at $900 million annually and invest $1.9 billion annually for the next five years toward maintenance in national parks and other public lands.

The President has promised to sign the bill when it gets to his desk.

Enacted in in 1964, the LWCF provides funding to protect America’s most treasured places. Over the past five plus decades, it has touched every state, conserving national parks and forests, lands adjacent to rivers, lakes and oceans, working forests, farms and ranches, fish and wildlife refuges, trails, and state and local parks.

LWCF uses revenues from the depletion of one natural resource - offshore oil and gas - to support the conservation of other natural resources – the Nation’s lands and waters. Every year, $900 million in royalties paid by energy companies drilling for oil and gas on the Outer Continental Shelf (OCS) are put into the LWCF fund. The money is intended to protect national parks, areas around rivers and lakes, national forests, and national wildlife refuges from development, and to provide matching grants for state and local parks and recreation projects.  Over the years, LWCF has also grown to include grants to protect working forests, wildlife habitat, critical drinking water supplies and disappearing battlefields, as well as increased use of easements.

The LWCF was permanently authorized in 2019, but that did not guarantee that the $900 million put into the LWCF account every year would actually be spent on conservation. Over the 55 years of the program, billions of dollars have been siphoned from the fund for other non-conservation purposes. In fact, this past fiscal year 2020, only $495 million was appropriated to LWCF—far short of full funding, and yet the highest amount in 15 years. Enactment of GAOA will guarantee that LWCF will finally receive the full funding that was originally envisioned.

 

The “Next” Pandemic : How States Can Avert It.

Posted on July 10, 2020 by Nicholas Robinson

The “next” pandemic in the USA is not a question of “if” but of “when.” Just as States scramble to win or shore up their victories against  COVID-19, a second front appears. Can the USA win a two-front war with microbes?

Two parallel infections now afflict separately humans and pigs. A new strain of the H1N1 swine flu virus, which killed 285,000 people when it merged in 2009, is now spreading among humans working on pig farms in China. The National Academy of Science reported this new threat in June  ( https://www.pnas.org/content/early/2020/06/23/1921186117). How can the risks to humans from this new virus, G4 EA H1N1, be contained? This human infection is emerging at the same time that  the world experiences the raging animal pandemic of African swine fever virus (AFS). AFS is forcing Asians to kill their domestic pig herds. AFS is now in 17 European nations and threatens to spread across all continents. No one knows now how to contain the AFS Pandemic among animals.

Once early surveillance detects such threats, what  precautions are essential to avert the “next” pandemic? Much is at stake. Since February 18, 2020, when ACOEL published its first Blog on COVID-19, (at http://www.acoel.org/post/2020/02/18/CORONAVIRUS-We-Thought-We-Knew-Ye!-The-Wuhan-Potential-Pandemic.aspx ), the virus SARS-CoV-2  has stolen lives and livelihoods. Its impact has vastly exceeded that of the costly HIV-1/AIDs pandemic, or the 2009 H1N1 epidemic. 

Like the plague, these diseases, along with SARS, EBOLA or West Nile virus, are the result of infections  that spill over from the wild animal kingdom, transmitting disease to  humans. This is known as zoonosis. HIV-1/AIDS came from primates in Africa, and since 1983 has killed 38 million humans, and currently sickens 36.9 million persons.  When COVID-19 first appeared, it was thought to have come via Pangolins, but now is linked to bats (Rhinolophus), which live in habitats across SE Asia and China. Earth holds perhaps 700,000 different viruses, most not yet discovered.  Of the 335 human diseases identified between 1960 and 2004, 61% are of zoonotic origin, and 72 % of all recent diseases are zoonotic.

The frequency of human infections from zoonotic diseases is increasing. Illnesses like Denge, chikungunya, or Zika have shown up in the Americas, and will be joined by others in the future. In 1999, West Nile virus, transmitted to humans by mosquitoes, made its first appearance in the Western Hemisphere in New York, after a drought followed by heavy rains. Since then, over 1,600 people have died of the disease.

Simultaneously while coping with COVID-19, it is evident that governments need to organize to avert a new zoonotic infections. Some are already here, others are coming. For example, Lyme Disease is a continuing threat. Other novel microbes can arrive quickly. Locally infected people travel, and airplanes bring the diseases to distant lands. It took months for rats to bring Bubonic Plague, the medieval “Black Death,” to Europe on sailing ships. Today a virus jumps continents in a few hours. As the economy restarts after COVID-19, governments will need new regimes of phyto-sanitary measures for trade, transportation, and tourism. 

Zoonotic diseases are on the rise for several reasons. Escalating declines in  biodiversity are the root cause. Biodiversity loss is a health risk multiplier.  As populations of species thin, many to the point of extinction, the viruses and bacteria that they host spread out looking for new hosts. Deforestation, and other unsustainable developments, disrupt habitats for many species, which in turn shed their viruses. A zoonotic disease, whether bacteria like Lyme Disease, or a novel coronavirus like SARS, then finds new animal hosts, including eventually human beings. Building new roads or suburban subdivisions fragment the landscape,  severs  migration corridors, and disrupt ecosystems, thereby exposing more humans to zoonotic microbes. Since humans interface with these disturbed natural  habitats,  their likelihood of being infected increases. 

Climate Change impacts are exacerbating biodiversity loss and augment humanity’s interface with zoonotic infections. Extreme weather events cause a cascade of other effects that influence disease. Heat and droughts create dry conditions, providing fuel for forest fires that end up fragmenting forests and driving wildlife closer to humans. Increased rainfall and humidity provide favorable conditions for mosquitoes to breed and for adult mosquitoes to survive.

If society waits for hospitals and health departments to cope with a zoonotic disease, it is too late. The most effective way to prevent or minimize zoonotic spillovers from animals to humans is to keep all animals healthy. Doing so requires greater attention to veterinary science and the health of domesticated animals and agriculture.  For environmental law, it means enhancing nature conservation programs that sustain ecosystem health, everywhere. We reduce the likelihood of zoonotic spillovers by sustaining resilient ecosystems in wetlands, in suburbs, in rural countryside, as well as in parks and wilderness. 

An inter-agency, or “whole of government” collaboration, is required. Such collaboration runs against the grain. We promote agriculture as commerce, with insufficient attention to veterinary health of farmed  animals. The pandemic of AFS has destroyed the pork industry in China and impacts food supplies worldwide. Animal health is treated apart from human health. Humans and animals exchange TB, zoonotic tuberculosis. Developed economies tend to forget that the well-being of all plants, animals and humans is intrinsically connected, and profoundly affect by human activity. The reality is that there is only “One Health.”

The World Health Organization (WHO) and Food & Agricultural Organization (FAO) endorse a “One Health” approach. The US Centers for Disease Control does too. Consensus favoring a “One Heath” approach has grown, but has been too marginal to make much of a difference. The  Wildlife Conservation Society and German government’s  2019 “Berlin Principles,”  or the 2017 UN Environment Assembly recommendations, and proposals from the EcoHealth Alliance, have all proposed  the “One Health” approach as essential to successfully manage risks of zoonosis.

To date, however, none of the “One Health” advocates  translate this policy construct  into meaningful action. At most they urge that veterinarians and public health  agencies should cooperate. In truth, cooperation between veterinarians, public health agencies, and nature conservation authorities, whether locally or globally through the International Union for the Conservation of Nature (IUCN), today does not exist. All these entities largely ignore the tools that environmental law offers to effectuate the “One Health” approach.

To avert the spillover of viruses or bacteria from wild animals, it is essential to keep natural habitats healthy.  At the outset, “One Health” should formally recognize the conservation of wild nature as its foundation. Conservation is too often discounted or deemed merely an amenity. Yet if governments at all levels fail to maintain healthy wild habitats, they invite spillovers of virus and bacteria seeking human hosts. Human incursions are increasing disrupting habitat in the forests of Africa, Southeast Asia the Amazon, or the woods of suburban North America. Disease spillovers increase in turn.

Sustaining biodiversity requires maintaining intact and functional ecosystems. These are the fundamental infrastructure for all of life, our health and our socio-economic well-being. Stemming current losses in biodiversity is the front line for protecting human health. Governments need to mainline biodiversity conservation to manage zoonotic disease risks.  

Virtually all governments neglect these tasks. Government budgets reflect an ignorance about the measures that prevent zoonotic spillovers. Budgets invariably assign to Departments of Health more than twice the resources provided for nature conservation and they allocate exponentially more when funding  military or police security.  COVID-19 reveals the folly of this imbalance.  Zoonotic diseases are non-traditional security threats, causing incalculable human and economic loss. The upshot: “Pay me now or pay me later.”

To avert the “next” pandemic, governments can deploy  a number of environmental laws to implement  a “One Health” approach. Environmental laws provide a suite of policies and best practices exists to avert the “next” pandemic. Given what COVID-19 has taught us, there is some urgency in deploying these tools. Would it not be irresponsible to fail to do so?” Will we? The war on COVID-19 has so far precluded debate about preparing to avert the “next” pandemic.  We face  the risk of “business as usual,” and choosing not to learn, as happened after the experience of SARS in 2003-2004. 

Since the “next” zoonotic spillover is underway, it is essential to actively manage the interface between humans and animals. Surveillance of emerging diseases requires collecting data constantly, as a priority. To ensure that warnings from this surveillance are  acted upon,  each level of government needs to provide a strategic, high level coordinating council or executive body to oversee these efforts. Many governments do so now (See the 2019 Trilateral Guidance by WHO, FAO, OiE, at http://www.fao.org/3/ca2942en/ca2942en.pdf).  The USA briefly had such a strategic unit, begun after the Ebola crisis by the Obama Administration. The White House Directorate for Global Heath and Security in the National Security Council addressed these non-traditional security issues.  President Trump discontinued this unit. While the President’s Council on Environmental Quality (CEQ) could be tasked with these coordinating roles, CEQ’s weakened capacity means that Congress and future Presidents will need to do even more in order to coordinate all federal agencies to protect domestic health. 

Every State government should have a gubernatorial body to prepare for and coordinate zoonotic risk management. Such bodies exist already in some cases. For example, New York State can and should activate the Governor’s Council of Environmental Advisors, as is authorized under Article 7 of the Environmental Conservation Law. A statutory body is needed to prevent a future executive from neglecting this strategic cockpit for “One Health.” Where no such authority exists, the legislature should provide for one.  

A top priority for any executive coordinating body will be to address how to manage zoonotic risks while addressing the impacts climate change. For example, New York’s Climate Leadership & Community Protection Act of June 2019 provides tools that could be used to provide “One Heath” safeguards. In §75-0109 of the Environmental Conservation Law, this Act provides for off-setting carbon emissions through extending forests and other ecosystems to enhance the photosynthesis that removes carbon dioxide from the atmosphere. The same healthy habitats serve to avert zoonosis spillover. 

The same Act amended New York State’s Community Risk And Resilience Act in ways that directly also could be deployed to protect against zoonotic diseases.  § 17-A mandates that the Department of Environmental Conservation (DEC)  address impacts on public health and species and to identify the most ”significant climate-related risks,” along with measures to mitigate those risks. § 17-B requires applicants for all permits to identify physical climate-risks and how to handle them and authorizes DEC to mandate mitigation measures. Increased disease spillovers are climate risks. 

Environmental Impact Assessment (EIA) is another readily available tool. The data from environmental assessments can be harvested to identify zoonotic risks. Although President Trump is currently seeking to limit the role of the National Environmental Policy Act, the NEPA Regulations can and should address potential environmental impacts from zoonotic risks. Half the States also have their “little NEPAs” and assess zoonotic risks. The California Environmental Quality Act (CEQA) and the New York State Environmental Quality Review Act (SEQRA) are prime examples. They require all state and local governmental agencies to make a holistic evaluation of potential environmental impacts and risks. EIA effectively enables a “One Health” approach. Beyond collecting data on ecological zoonotic risks, EIA can identify options for sustaining health of ecosystems to contain spillovers of bacteria and viruses, identify the cumulative impacts exacerbating biodiversity loss, and identify how to fragmentation of intact ecosystems and restore migration corridors for species.

State building codes also serve a role to contain the spread of viruses within buildings.  Codes can be revised to mandate “healthy buildings.” For example, ventilation and filtration systems should be retrofitted to reduce risk of airborne exposures to communicable diseases. See Joseph G. Allen and Joseph D. Macomber, Healthy Buildings: How Indoor Spaces Drive Performance and Productivity (Harvard University Press, 2020).  

Ultimately, “One Health” is all about sustaining biodiversity. The federal systems of National Parks, Wildlife Refuges and National Forests provide opportunities to enhance stewardship of natural areas. State park systems, and state wetlands laws, do the same. Zoning and land use laws at the state and local level also can provide for care of natural systems to manage zoonotic risks. Municipal land use laws can provide, for example, for migration corridors through overlay zones, or obliging property owners to control mosquito breeding, all to minimize infection risks. When ecological habitats remain undisturbed, the bacteria and viruses in wild nature tend to remain relatively stable in their natural hosts, which dilutes the chances of spillovers to humans.

Finally, the federal government and the states can establish and enhance phyto-sanitary safeguards for their agricultural sectors, and control animal products  imported into or through the states. Since 1947, the General Agreement on Tariffs and Trade (GATT) has respected the rights of countries to impose such safeguards. California has done so for many years to protect its agricultural sector. Theses phyto-sanitary norms need to be expanded robustly to address zoonotic risks. Precautions to prevent microbes entering in our airports and at State borders can be established.   

Once a “One Health” approach is made operational, many state agencies will discover how they help  avert the “next” pandemic. There are key roles for agencies regulating agriculture, produce markets, public health, environmental protection, forestry, wildlife conservation, transportation, and other State agencies are key parts of the “One Health” approach. States have substantial expertise in their universities, organizations like the Wildlife Conservation Society, as well as across their public health sectors. Each state and local agency needs to undertake continuous biodiversity-related heath surveillance in order to detect and manage emerging zoonotic disease spillovers to avert health emergencies. Each can be alert to end habitat fragmentation, and can provide buffer zones that manage disease-risk from human interfaces with animals in shared ecosystems.

Even in the middle of this COVID-19 Pandemic, governments need to be building back better, to be anticipating and preparing for the “next” pandemic. As Ben Franklin said in 1736, “An Ounce of Prevention Is Worth A Pound of Cure.” States cannot wait for Washington, D.C. They each must build their own resilience. Leadership from the States can pilot the nation toward the security of “One Health.”

JUST PLAIN NUTS REDUX

Posted on July 2, 2020 by Dick Stoll

In my ACOEL post of June 10, 2019, I led with this:

Seth Jaffe’s recent ACOEL post correctly laments that the current judicial review regime for EPA’s Waters of the United States (WOTUS) rule is ‘just plain nuts.’  He points to two recent conflicting federal district court decisions, leaving the Obama WOTUS rule in place in one area and remanding it in another.”

I reinforced the situational nuttiness by noting that after several federal district courts had issued opinions, the Obama WOTUS rule continued to apply in 23 states, but was blocked in 26 states.  (New Mexico was split by counties!)  And to make the situation even crazier, the 23 states where the rule remained in place were hardly contiguous – looking at a map, it would appear someone threw darts.

My 2019 post pleaded with Congress to add “just a few words” to the Clean Water Act to bring it into accord with all the other major federal environmental statutes – by simply providing for direct Court of Appeals review of all nationally applicable CWA rules.  Even if parties filed in several Circuits under such a regime, federal statutes provide a procedure assuring that all filings would be consolidated in a single Court.

Well guess what?  Congress somehow ignored my 2019 post, and the new Trump WOTUS rule became effective recently.  So now we are all set for another round of total craziness. 

To wit, Seth just posted a report of one district court allowing the Trump rule to remain in effect, and another court enjoining the new rule. More rulings from various district courts are almost certain to follow, and they again are almost certain to be inconsistent.

My 2019 post concluded by recognizing the polarized political times we live in.  But I questioned why it should be polarizing to provide direct Court of Appeals review of a critical EPA rule to avoid this crazy patchwork of inconsistencies throughout the nation. 

Come on now!  Direct Court of Appeals review for national rules has for decades been the heavy norm in federal environmental statutes.  Should this be considered a liberal vs. conservative, or Democrat vs. Republican, or pro-business vs. pro-environmental issue?  I sure don’t understand how.  Can’t Congress please just do something rational here?

A New Map of Climate Resilient Landscapes

Posted on July 1, 2020 by Philip Tabas

After 12 years of work by more than 150 Nature Conservancy scientists we now have an interactive map of resilient lands that can withstand climate impacts AND protect biodiversity. Using ground-breaking science, conservationists identified a network of special places across the U.S. that have unique topographies, geologies, soils, temperatures and other characteristics that, if properly protected, could provide safe havens for species migrating away from growing climate threats.

We know that plant and animal species are disappearing at an alarming rate as their habitats are altered or destroyed by warmer temperatures, increased flooding and other impacts from the changing climate. One-third of animal and plant species could face extinction in the next 50 years due to climate change, according to a study from scientists at the University of Arizona. We know too that nature is on the move to escape these climate impacts. For example, in North America, studies show that species are shifting their ranges an average of 11 miles north and 36 feet in elevation each decade. Many species are approaching – or have already reached – the limit of where they can go to find hospitable climates. Research has also shown that more than half – nearly 60% – of US lands and waters are fragmented by human development, blocking species movement and preventing species from finding new and more hospitable habitat. 

The Resilient and Connected Network Map (see: http://maps.tnc.org/resilientland/) for the contiguous U.S. provides a new way to prioritize lands for land conservation action. This model offers a roadmap for preserving a network of resilient sites and connecting corridors that could sustain North America's natural diversity by allowing species to adapt to and thrive in the face of climate impacts. By protecting the most resilient landscapes, conservationists hope to double their environmental impact by 2050.

By providing safe havens for diverse species, this network of lands could also protect important sources of fertile soils, clean drinking water, economic resources and other vital services people rely on for survival. Conserving such a resilient network has large benefits for both people as well as nature. For example, resilient areas identified in Eastern North America not only serve as home to more than 30,000 species of plants and animals but also support a $25 billion outdoor recreation industry.  Additionally, protecting these resilient areas would secure over 66 million acres of high-value source water supply land, provide 1.8 billion tons of oxygen annually, and mitigate over 1.3 million tons of air pollution avoiding $913 million in human health costs. Resilient lands could also capture and store higher amounts of carbon than other areas and thus help offset greenhouse gas emissions; in the Eastern US, these lands could store an estimated 3.9 billion tons of carbon.

Of the total acreage represented in the network, approximately 301 million acres are already in some form of protected status. To protect the remainder, we will have to protect as much land as we have protected in the last 100 years of previous land conservation action. Although challenging, if government agencies, land trusts, the private sector and others can be persuaded to use this new science to direct conservation action and resources to these most important lands, it can maximize the impact of conservation funding and actions. Recent Senate passage of the Great American Outdoors Act or "GAOA” which would fully and permanently fund the Land and Water Conservation Fund with $900 million annually for the first time since the program's creation in 1964, gives some hope that we will be able to meet this challenge.

By conserving these environmental strongholds, we can protect the lands best-equipped to sustain threatened species -- and mitigate the adverse effects of climate change in the process. Saving nature from the effects of climate change might seem to be a daunting task. But, by focusing on conserving naturally resilient lands, we can keep the planet habitable for a vast array of species, including our own.