The Trump administration is scrambling to wrap up a slew of environmental rollbacks before President-elect Joe BidenJoe BidenBiden has spoken with some GOP senators, chief of staff says Trump told advisers he could announce 2024 bid shortly after certification of Biden win: report Obama ‘troubled’ by GOP attempts to cast doubt on election results: ‘That’s a dangerous path’ MORE takes office in less than 70 days.

The administration has yet to get some of its most prized proposals across the finish line: finalizing the prep work to enable drilling in the Arctic and off the coasts; limiting protections for endangered species and migratory birds; and restricting what types of studies inform the government’s policy choices.

Those efforts are raising concerns among environmentalists who have spent the past four years battling President TrumpDonald John TrumpBiden has spoken with some GOP senators, chief of staff says Trump told advisers he could announce 2024 bid shortly after certification of Biden win: report Ivy League cancels winter sports amid US COVID-19 pandemic surge MORE on issues like climate change and scientific independence.

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“This is an administration that has been breaking norms from the beginning, so why shouldn’t we expect them to do that until the bitter end?” said David Hayes, executive director of the State Energy and Environmental Impact Center at New York University’s School of Law.

Hayes, along with others, is also worried about “personnel and other disruptive executive actions” beyond new regulations.

At the Environmental Protection Agency (EPA), top of the list is a proposal that has already generated roughly 600,000 negative comments.

The rule, which the agency bills as a transparency measure, could block consideration of studies that don’t make their underlying data publicly available, something likely to exclude landmark public health research when crafting agency policy.

Former EPA head Scott PruittEdward (Scott) Scott PruittOVERNIGHT ENERGY: EPA eases permitting for modifications to polluting facilities | Rocky Mountain National Park closed due to expanding Colorado wildfire | Trump order strips workplace protections from civil servants EPA eases permitting for modifications to polluting facilities Overnight Energy: Barrett punts on climate, oil industry recusals | Ex-EPA official claims retaliation in lawsuit | Dems seek to uphold ruling ousting Pendley MORE, who led the agency from 2017-2018, called the rule a way to battle “secret science.” Critics counter it will block the agency from using studies that won’t release personal health information or confidential business data — common practices in studies the agency relies on when reviewing chemicals and assessing public health risks.

Another rule the agency hopes to get out before Jan. 20 would change the cost-benefit analysis behind Clean Air Act regulations, making it tougher to account for some of the benefits of curbing air pollution. The rule change would also make it more difficult for future administrations to justify new air regulations.

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Critics say the two proposals would systematically undermine the agency going forward.

“Those two are just killers for the whole foundation of the work of EPA,” said Betsy Southerland, director of the Office of Science and Technology at the EPA’s Office of Water during the Obama administration.

Stan Meiburg, who served as the EPA’s acting deputy administrator under former President Obama, said “you can’t just put your fingers on the scale by discounting the benefits” of reduced air pollution.

“You have to count all the costs and all the benefits,” he added.

Also in the hopper at the EPA are two rules that would freeze pollution standards for smog and soot, unusual moves for an agency that typically sets more ambitious targets when they are reconsidered every five years.

“I think they want to lock those in … instead of allowing them to carry over to the Biden administration to either finish the rules or redo them,” said Amit Narang, a regulatory policy advocate with the left-leaning good governance group Public Citizen.

EPA spokesman James Hewitt said the agency plans to use its final days to “advance the president’s commitment to meaningful environmental progress while moving forward with our regulatory reform agenda.”

At Interior, the department has yet to finalize a five-year plan for offshore drilling that would determine which areas are open for leasing through 2024. The agency is also pushing ahead with plans that pave the way for a massive increase in oil activity at both the Arctic National Wildlife Refuge in Alaska and the neighboring National Petroleum Reserve.

In a separate move that would benefit oil and related industries, the department is pushing ahead with a rule that would fine companies only if their work intentionally kills birds, ending the practice of punishing businesses that “incidentally” kill birds.

“That will absolve companies for any liability for migratory bird deaths even when they’re acting recklessly and know they’re going to cause bird deaths and don’t take reasonable steps to avoid killing the birds. It’s a radical, extreme interpretation of law that they are trying to put in place,” Hayes said.

A move to implement the policy by guidance has already been struck down in court.

“The department will continue to implement President Trump’s agenda to create more American jobs, protect the safety of American workers, support domestic energy production and conserve our environment,” Interior Department spokesman Conner Swanson said by email when asked about the agency’s plans.

Some, however, are skeptical the administration will be able to accomplish much in such a short time frame.

“They can try, but they’ve waited too long,” said John Walke, an attorney with the Natural Resources Defense Council.

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“Lawsuits challenging those rules don’t even have briefing schedules before the Biden administration announces that they are taking a voluntary remand of the rule or seeking to place the lawsuits in abeyance,” he said, citing two strategies that would indicate the Biden administration doesn’t plan to defend any Trump-era rules in court.

But Narang said the Trump administration is under immense pressure to plow ahead now that it’s a one-term presidency.

“This administration has not been shy about rushing out regulatory rollbacks even if they’re done in a very sloppy fashion and risk reversal in court, so my expectation is they’re going to continue to try and finalize what they can finalize, even if it will look rushed and expose them to more litigation risk,” he said.

In addition to those regulatory efforts, environmentalists are worried about potential staff shake-ups that could destabilize agencies or slow work before the new administration comes in.

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With time dwindling to solidify major policy proposals, personnel changes could be an easier lift, and some recent changes by the Trump administration could allow them to follow into the next administration.

Trump has already demoted Neil ChatterjeeIndranil (Neil) ChatterjeeTrump races clock on remaining environmental rollbacks OVERNIGHT ENERGY: White House removes leader of major climate report | Trump administration faces suit over removal of endangered species protections for gray wolves Former FERC Chair Chatterjee on demotion by Trump: ‘I don’t give a f@&!’ MORE, previously the chair of the Federal Energy Regulatory Commission, and reassigned the top scientist in charge of the Fifth National Climate Assessment, a major report evaluating the status of climate change.

And a late October order from Trump created a new category of federal employees that work on policy, something critics fear is a way to slot political appointees into career roles and buy them time in the next administration.

Southerland said those holdovers could be particularly damaging given that the agency is already understaffed and many people will be leaving soon.

“I think there’s a lot of potential for those people to go unnoticed and they could really slow things down or hurt the work, because again, with a small staff they’re going to need everyone they can to work full out,” she said.

California voters are projected to have rejected a ballot measure that was aimed at increasing property tax revenue from commercial properties.

The Associated Press issued its projection late Tuesday. The latest tallies on the California secretary of state’s website show about 52 percent of voters rejecting the measure and about 48 percent supporting it.

The measure, Proposition 15, would have required commercial properties worth more than $3 million to be taxed based on the price at which they could be sold, rather than their purchase price. The measure was designed to partially roll back limits on property taxes imposed by 1978’s Proposition 13.

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According to a voter guide put out by the secretary of state’s office, the measure would have provided $6.5 billion to $11.5 billion per year for schools and local governments.

The measure was supported by a number of prominent Democratic politicians, including President-elect Joe BidenJoe BidenFeds charge Staten Island man over threat to Schumer, FBI Pence cancels vacation in Florida: report Romney shoots down serving in Biden Cabinet MORE and Vice President-elect Kamala HarrisKamala HarrisSenate Republicans urge Trump to go all-in on Georgia Will McConnell flout custom by rejecting Biden Cabinet nominees? Pressure grows on California governor to name Harris replacement MORE, who represents California in the Senate, as well as labor groups. Supporters argued that it would raise valuable revenue and make the state’s tax system fairer, since currently properties that were purchased recently face higher taxes than properties purchased years ago.

Proposition 15 was opposed by a number of business groups, which argued that commercial property tax increases would be passed along to small businesses that lease space in the buildings.

State tax-related ballot measures have yielded mixed results for progressives this year. Voters in Arizona approved a ballot measure to raise income taxes on high-income households, but voters in other states rejected measures to raise taxes on the wealthy or supported cutting taxes.

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President-elect Joe BidenJoe BidenTrump: New York won’t receive COVID-19 vaccine immediately Biden considering Yellen as possible Treasury secretary: report Obama hits Trump for refusing to concede, says there’s ‘no legal basis’ for challenges MORE is considering former Federal Reserve Chair Janet YellenJanet Louise YellenBiden considering Yellen as possible Treasury secretary: report Fed formally adopts new approach to balance inflation, unemployment Federal Reserve chief to outline plans for inflation, economy MORE to be his Treasury secretary, Bloomberg News reports.

According to Bloomberg, people familiar with the matter say Yellen is among Biden’s contenders for the position and noted that she has canceled at least one upcoming speaking engagement as she is considered. 

The other Treasury names on Biden’s list reportedly include Fed Governor Lael Brainard and former Fed Vice Chair Roger Ferguson. 

Biden has announced that Ron Klain would be his chief of staff, but otherwise has not yet made any major cabinet or personnel decisions yet.

 

Former President Obama appointed Yellen to be his Federal Reserve chair, which she held for one term. President TrumpDonald John TrumpTrump: New York won’t receive COVID-19 vaccine immediately Biden considering Yellen as possible Treasury secretary: report Trump puts Giuliani in charge of election lawsuits: report MORE then appointed Jerome Powell to the position, and has frequently clashed with him over his decisions at the central bank. 

 

During the campaign, Yellen briefed the Biden team on economic issues after the fallout from the coronavirus pandemic. She has advised lawmakers to pass another stimulus relief package, warning that the U.S. could face deep and permanent damage to the economy without one.

 

Biden’s Treasury secretary would likely be involved in responding to the pandemic as well as crafting Biden’s tax plan.

 

The former vice president is calling for higher taxes on the wealthy and corporations, while also putting forth plans to provide and expand tax credits for lower- and middle-income families

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NATO Secretary General Jens Stoltenberg on Saturday congratulated President-elect Joe BidenJoe BidenMary Trump celebrates Biden-Harris victory: ‘To America. Thanks, guys’ Biden gives shoutout to Black Americans in victory speech: ‘You always have my back, and I’ll have yours’ Biden vows to heal divided nation MORE and Vice President-elect Kamala HarrisKamala HarrisMary Trump celebrates Biden-Harris victory: ‘To America. Thanks, guys’ Biden gives shoutout to Black Americans in victory speech: ‘You always have my back, and I’ll have yours’ Biden vows to heal divided nation MORE on their victory in the 2020 election.

“I warmly welcome the election of Joe Biden as the next President of the United States. I know Mr. Biden as a strong supporter of NATO and the transatlantic relationship,” Stoltenberg said in a press release.

He emphasized the importance of leadership in the U.S., adding that he looks forward to the Biden-Harris administration to “further the bond between North America and Europe.”

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“A strong NATO is good for North America and good for Europe. Together, NATO Allies represent almost one billion people, half of the world’s economic might and half of the world’s military might,” the release added.

Under President TrumpDonald John TrumpMary Trump celebrates Biden-Harris victory: ‘To America. Thanks, guys’ Biden gives shoutout to Black Americans in victory speech: ‘You always have my back, and I’ll have yours’ Biden vows to heal divided nation MORE‘s administration, he has taken heavy aim at the U.S. membership with the NATO alliance, threatening withdrawal and questioning why other nations did not spend more on defense.

In 2018, Trump said the U.S. contributed a disproportionate amount to fund NATO and protect other countries that paid less. However, it is worth noting NATO members do not pay into the alliance; they contribute defense spending in their separate budgets.

Stoltenberg underscored the group’s collaborative structure in the statement, saying, “We need this collective strength to deal with the many challenges we face, including a more assertive Russia, international terrorism, cyber and missile threats, and a shift in the global balance of power with the rise of China.”

He called for unity among nations and the U.S., adding, “We can only be secure and successful if we face these challenges together.”

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Prosecutors in the case over the killing of Ahmaud Arbery earlier this year presented the court on Thursday with racist text messages and social media posts from one of the two white men who fatally shot him while he was jogging in Brunswick, Ga.

Witness Zachary Langford, a longtime friend of Travis McMichael, testified in a bond hearing that he did not believe McMichael to be a racist and that he had known him to be friendly with everyone. Prosecutor Jesse Evans questioned him about a text message McMichael sent Langford that used an anti-Black racial slur.

Langford replied that he believed the text had been in reference to a raccoon, even though the slur was accompanied by descriptors such as “crackhead” and “with gold teeth,” according to The Associated Press.

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He went on to say that he did not recall a Facebook post by McMichael that used a slur for Asian people along with the word “sayonara.”

McMichael and his father Gregory pursued Arbery through their Brunswick neighborhood on Feb. 23 with a shotgun, claiming later they believed him to be a burglar.

After they confronted him, a struggle ensued and the younger McMichael fatally shot Arbery.

A third man who was present, who has also been charged in the killing, has said McMichael used a racial slur when he shot Arbery.

The McMichaels’ defense attorney has alleged Arbery was in the neighborhood for “nefarious purposes” but offered no evidence.

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Langford’s wife Ashley later testified the younger McMichael had expressed remorse over the shooting, according to the AP.

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“He told me he wished it never happened like that,” she reportedly said. “He prayed for Ahmaud’s mother and his family daily.”

Arbery’s mother, Wanda Cooper-Jones, said outside the courthouse that she was skeptical about the defendants’ remorse.

“I live right there in the community,” she said. “Nobody reached out to say, ‘I’m sorry for your loss.’ I don’t think they are remorseful at all.”

The McMichaels were arrested in May, more than two months after the slaying, after video of the incident attracted widespread attention.

President TrumpDonald John TrumpTrump: New York won’t receive COVID-19 vaccine immediately Biden considering Yellen as possible Treasury secretary: report Trump puts Giuliani in charge of election lawsuits: report MORE‘s new Defense chief Christopher Miller signaled a potential U.S. troop reduction ahead in the Middle East in a memo sent to agency staff on Friday, saying, “All wars must end.”

Miller, who took over as acting Defense secretary after Trump fired Pentagon head Mark EsperMark EsperHaspel not in attendance at latest Trump intelligence briefing: reports Overnight Defense: Another Defense official resigns | Pentagon chief says military ‘remains strong’ despite purge | Top contender for Biden DOD secretary would be historic pick Ex-CIA Director Brennan: Trump ‘score settling’ with Pentagon changes MORE via tweet this week, wrote that while current conflicts are not over, “We are not a people of perpetual war.”

“As we prepare for the future, we remain committed to finishing the war that Al Qaida brought to our shores in 2001. This war isn’t over,” Miller said, referring to the war in Afghanistan.

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“We are on the verge of defeating Al Qaida and its associates, but we must avoid our past strategic error of failing to see the fight through to the finish. Indeed, this fight has been long, our sacrifices have been enormous, and many are weary of war – I’m one of them,” he continued.

The acting Pentagon chief then wrote that “this is the critical phase in which we transition our efforts from a leadership to supporting role.”

“We are not a people of perpetual war – it is the antithesis of everything for which we stand and for which our ancestors fought,” Miller continued. “All wars must end.”

“Ending wars requires compromise and partnership. We met the challenge; we gave it our all. Now, it’s time to come home.”

Speculation has increased that the Trump administration may push to quickly withdraw troops from Afghanistan after the president fired Esper this week, prompting a broader shakeup of Defense Department leadership.

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Trump campaigned for the White House in 2016 on a promise to end “endless wars” and bringing back U.S. troops from foreign conflicts, but efforts to draw down the American presence in the 19-year Afghanistan War have proven difficult. 

The administration signed a conditional peace deal with the Taliban earlier this year that required a full U.S. withdrawal by May if the Taliban came through on commitments to deny a haven to Al Qaeda, though Trump has reportedly been frustrated by the pace of withdrawal.

The president asserted on Twitter last month that forces in Afghanistan should return to the U.S. by Christmas.

Shortly after his appointment this week as acting Defense secretary, Miller hired Retired Army Col. Douglas Macgregor to serve as his senior adviser. 

The addition of Macgregor, who numerous times in the past year has advocated for the United States to pull its forces from conflicts in the Middle East, has signaled to some an effort by Trump to withdraw U.S. troops from the region in the final weeks of his presidency. 

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Others have viewed the personnel changes as retaliatory, with former CIA director and vocal Trump critic John BrennanJohn Owen BrennanEx-CIA Director Brennan: Trump ‘score settling’ with Pentagon changes 50 former intelligence officials warn NY Post story sounds like Russian disinformation Not treason, not a crime — but definitely a gross abuse of power MORE arguing on Friday that Trump was “score settling” with the recent personnel changes to the Pentagon.

“He wants people to be personally loyal to him,” Brennan said in an interview on CNN. “So therefore the firing of Mark Esper and the decapitating of civilian leadership within the Pentagon, I think clearly is score-settling on the part of Mr. Trump.”

Since Esper’s firing, several top Pentagon officials have also signaled their departures from their roles: the Pentagon’s top policy official James Anderson, the agency’s top intelligence official Joseph Kernan, Esper’s chief of staff Jen Stewart and deputy chief of staff Alexis Ross.

“It’s helpful to decapitate the senior civilian leadership at the Pentagon in preparation of some aggressive use of the military to bolster the president’s claims that he has won this election,” one former defense official who has stayed close to the Pentagon’s current senior leadership told McClatchy this week. 

“That is probably the most worrisome, most extreme reason they could be making these decisions,” the official said of the removal and quick replacement of Pentagon officials. 

While all major news outlets projected President-elect Joe BidenJoe BidenTrump: New York won’t receive COVID-19 vaccine immediately Biden considering Yellen as possible Treasury secretary: report Obama hits Trump for refusing to concede, says there’s ‘no legal basis’ for challenges MORE as the winner of the 2020 election last week, Trump has since refused to concede, instead repeating claims that there were instances of voter fraud in key battleground states as part of an attempt by Democrats to steal the election from him. 

These claims have since been disputed by election experts, local election officials and courts.

Miller maintained on Friday that the military “remains strong” despite the leadership shakeup.

“I want to assure the American public and our allies and partners that the Department of Defense remains strong and continues its vital work of protecting our homeland, our people and our interests around the world,” Miller said at the Pentagon ahead of a meeting with his Lithuanian counterpart.

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One of President-elect Joe BidenJoe BidenBiden has spoken with some GOP senators, chief of staff says Trump told advisers he could announce 2024 bid shortly after certification of Biden win: report Obama ‘troubled’ by GOP attempts to cast doubt on election results: ‘That’s a dangerous path’ MORE’s leading contenders to be Defense secretary wouldn’t challenge Washington’s defense orthodoxy, but she would break barriers in another way.

She would be the first woman in the job.

Michele Flournoy, who held the No. 3 civilian Pentagon job during the Obama administration, is widely seen as the odds-on favorite to be Biden’s Pentagon chief.

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A respected policy wonk, Flournoy has recently stressed the need for greater investment in emerging technologies to better compete against China.

If chosen, her supporters say, the 59-year-old would bring an experienced and steady hand to leading the largest federal agency as it recovers from the turmoil of the Trump administration.

“She knows the Pentagon incredibly well. It’s a vast, vast bureaucracy that nobody can fully understand because just it‘s so, so big,” said Rosa Brooks, who worked under Flournoy from 2009 to 2011. “But if there’s anybody who understands it as well as anybody could understand it, it’s Michele.”

Her greatest opposition could come from within the Democratic Party, as progressives look warily at her work as a consultant and see her as emblematic of what they consider failed military adventurism of the past.

Some other names have been floated since Biden won the presidency — Sen. Tammy DuckworthLadda (Tammy) Tammy DuckworthDuckworth celebrates ‘Alive Day’ 16 years after she ‘almost died but didn’t’ Duckworth to release memoir in March Senate majority battle snags Biden Cabinet hopefuls MORE (D-Ill.) and former Homeland Security Secretary Jeh Johnson, among them.

But Flournoy has been seen as the likely next Defense secretary in a Democratic administration since Hillary ClintonHillary Diane Rodham ClintonWhat really happened with Latinos this election Biden chooses a White House chief who ‘matches this moment’ The 2020 data says, ‘that was close’ MORE ran for president in 2016.

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A spokesperson for Biden’s transition team told The Hill it “has not made any personnel decisions at this time.”

In a 2016 appearance at the Center for a New American Security (CNAS), a think tank founded by Flournoy, Biden referred to her as “madam secretary” to applause from the audience.

“I’m writing a recommendation for her, you know,” Biden added.

Mark Cancian, a former defense official now at the Center for Strategic and International Studies, said Flournoy “would fit a Biden effort to scale down the partisan rhetoric.”

“She’s firm about her ideas but she’s polite,” he said.

And Mackenzie Eaglen, a former congressional adviser on defense now with the American Enterprise Institute, described Flournoy as a “known entity” in Washington defense circles.

“We’re all familiar with her,” said Eaglen, who has worked with Flournoy numerous times in the past decade. “Everybody has worked with her, and she’s very measured, thoughtful and focused on not just the job at hand but the next generation of defense leadership which has really endeared her to a lot of people around town.”

Flournoy’s career at the Pentagon started during Bill ClintonWilliam (Bill) Jefferson ClintonMcEnany refers questions back to White House during Fox appearance as campaign adviser American Democracy: Still the envy of the world Voters split on candidates in Georgia Senate runoffs: poll MORE’s administration, when she served as principal deputy assistant secretary of Defense for strategy and threat reduction and deputy assistant secretary of Defense for strategy.

In 2007, she founded CNAS, raising her profile in the defense community. In 2009, she was chosen to be former President Obama’s under secretary of Defense for policy, which at the time was the third-highest civilian position at the department.

As under secretary, Flournoy helped shape the administration’s counterinsurgency strategy in Afghanistan.

Michael O’Hanlon, a senior fellow at the Brookings Institution who has known Flournoy for more than 25 years, also described her as “instrumental” in pushing then-Defense Secretary Robert Gates to support the raid on Osama bin Laden’s Abbottabad compound at a time when he was more inclined to support an airstrike.

“I once thought Michele a very solid yet somewhat cautious thinker. If she had a flaw, I thought, it was perhaps being slightly too cautious. I have changed my mind on that latter point,” O’Hanlon said in an email. Her position on the bin Laden raid “showed a gutsy willingness to take a very calculated and carefully assessed risk.”

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One of Flournoy’s unique skills, Brooks argued, is her ability to communicate across the civilian and military worlds.

“One of the things that she would always say to those of us on her staff and [the Office of the Undersecretary of Defense for] Policy was, our job is to be translators, to take these two cultures the military and civilian culture, each of which have their own vocabulary, their own habits sometimes,” Brooks said.

Brooks highlighted a time she said Flournoy acted as a mediator between the White House and the Pentagon amid a fight over preparing for the worst-case scenario if there was fallout from the 2011 South Sudan independence referendum. The White House was not giving the military the specificity it requires for planning, Brooks said.

When the fight reached Flournoy’s level, she brokered a compromise of “let’s draw up some kind of back of the envelope stuff, and that’ll at least give people a clearer sense of what we might need to do if things went bad,” Brooks said.

Brooks also recalled Flournoy pushing to make her department a more family friendly workplace, such as by instituting job sharing, and responding to critics worried that would affect the ability to react to crises by piloting the changes at one of her busiest bureaus, the Afghanistan-Pakistan bureau.

“Michelle is the kind of female leader whose immediate instinct is to look around and look for the smart women and the smart African Americans and smart people who have not previously been included and say, ‘Hey, we need you,’ ” Brooks said.

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Flournoy left the Obama administration in 2012, returning to CNAS as its CEO in 2014. In 2017, she co-founded the WestExec Advisors strategic risk consulting firm with fellow Obama administration alum Antony Blinken. The Washington-based firm employs several other Obama-era national security officials.

This year, with her every move closely scrutinized amid speculation about her role in a Biden administration, Flournoy spoke frequently about what she sees as an eroding military advantage against China.

“The U.S. military is at a high-stakes inflection point: it must take a series of much bigger and bolder steps to keep its military-technological edge over great power competitors such as China, or it could lose that edge within the decade,” she co-wrote in a report for CNAS in July meant to provide recommendations for the next administration.

She similarly said at the Aspen Security Forum in August the military needs to make “big bets” on emerging technologies.

At Aspen, where she said she was open to being Biden’s Defense secretary, she also argued against “precipitously” withdrawing from Afghanistan.

“We would basically be pulling the carpet out from under our Afghan government partners, and Afghan women and Afghan civil society, that we fought so hard to help achieve a place at the table,” she said.

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Such positions fall in line with establishment defense thinking, which could garner Republican support in a Senate expected to have a slim majority regardless of which party controls it. The Senate majority depends on the outcome of the two runoffs in Georgia in January.

Senate Armed Services Committee Chairman James InhofeJames (Jim) Mountain InhofeSenate Democrats warn against nixing plan renaming Confederate-named bases from defense bill Overnight Defense: Trump fires Defense chief Mark Esper | Worries grow about rudderless post-election Pentagon | Esper firing hints at broader post-election shake-up | Pelosi says Esper firing shows Trump intent on sowing ‘chaos’ Democratic lawmakers lambast Trump over Esper firing as GOP remains mum MORE (R-Okla.), who would lead the Defense secretary confirmation hearing if Republicans maintain control of the chamber, noted he knows Flournoy “pretty well” before declining to comment further.

The biggest resistance to Flournoy is expected to come from progressive Democrats. On Thursday, leading progressive Reps. Mark PocanMark William PocanOvernight Defense: 5 US service members killed in international peacekeeping helicopter crash in Egypt | Progressives warn Biden against Defense nominee with contractor ties | Trump executive order to ban investment in Chinese military-linked companies Progressive House Democrats urge Biden against Defense chief with contractor ties Cutting defense spending by 10 percent would debilitate America’s military MORE (D-Wis.) and Barbara LeeBarbara Jean LeeOvernight Defense: 5 US service members killed in international peacekeeping helicopter crash in Egypt | Progressives warn Biden against Defense nominee with contractor ties | Trump executive order to ban investment in Chinese military-linked companies Progressive House Democrats urge Biden against Defense chief with contractor ties Progressives unveil Biden Cabinet wish list MORE (D-Calif.) urged Biden not to nominate a Pentagon chief who has previously worked for a defense contractor.

They did not mention specific names, but Flournoy’s WestExec counts defense contractors among its clients, and she also is on the board of defense contractor Booz Allen Hamilton.

A progressive advocate who asked not to be named to speak freely on the sensitive subject of nominees said progressives “aren’t exactly excited” about Flournoy, citing what he described as her silence on Saudi Arabia and the United Arab Emirates’ conduct in Yemen as other former Obama administration officials acknowledged their mistake in supporting the war.

But, the advocate said, progressives are weighing how hard to oppose her since she is seen as “inevitable.” One factor is what the rest of Biden’s national security and foreign policy team looks like.

“I personally will very much be watching to see if there is a balancing in some ways of Michele Flournoy’s positions and background and worldview with the secretary of State,” the advocate said.

Even with all the buzz behind her name, it’s “not a done deal” that Flournoy will get Biden’s Pentagon chief nomination, said one defense expert.

“A lot of people want that job,” the expert added. “Typically with a first term new administration, they are oftentimes looking for a national figure with political constituencies. Michele is more than likely to be a deputy secretary first if she doesn’t get the nomination.”

Jordain Carney contributed.

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Stock markets on Friday opened higher, heading toward significant gains for the week after Democrat Joe BidenJoe BidenBiden has spoken with some GOP senators, chief of staff says Trump told advisers he could announce 2024 bid shortly after certification of Biden win: report Obama ‘troubled’ by GOP attempts to cast doubt on election results: ‘That’s a dangerous path’ MORE won the presidency and Pfizer announced successful test results on its coronavirus vaccine. 

The Dow Jones Industrial Average opened up 200 points, or 0.7 percent, and the S&P 500 rose 25 points, or 0.7 percent.

A positive Friday close would conclude a strong week for markets, which reacted positively to the likelihood that Biden will be president and Republicans will hold the Senate majority, with Democrats holding the House majority.

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Stocks have typically performed best under divided government.

Two runoff races in Georgia in January will determine the Senate majority. Democrats would have to win both races to win the majority.

Pfizer’s news that its coronavirus vaccine was proving 90 percent effective in recent trials also put a timeline for effectively ending the pandemic in sight.

Stocks did retreat on Thursday as markets weighed the economic costs of rising COVID-19 cases.

New cases have topped 100,000 daily for over a week, with deaths topping 1,000 per day.

The rising cases and deaths make new restrictions likely, which could hamper economic growth.

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 The Trump administration on Monday submitted a list of projects that will receive funding under a conservation program — a week after it was due to Congress. 

The projects will receive funding under the Land and Water Conservation Fund (LWCF), which helps the federal government acquire new land for parks and trails and works to protect sensitive forest and endangered species habitat.

A bipartisan law that passed Aug. 4 provided $900 million annually for the LWCF and up to $1.9 billion annually for five years for a separate fund that attempts to address a maintenance backlog at National Parks. 

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The law, called the Great American Outdoors Act, gave the Trump administration 90 days to prepare two lists of projects that would receive money under each of the funds. 

The Interior Department provided Congress with the parks maintenance backlog list on time, but submitted the LWCF list this week. 

The new list came as the White House also on Monday formally delegated the responsibility to submit the list to the Interior and Agriculture departments and Interior Secretary David Bernhardt said in a letter accompanying the list that it was benign submitted “pursuant to the president’s delegation.”

Rep. Raúl Grijalva last week told The Hill in the statement that the LWCF list had been “missing,” saying that this was “somewhat perplexing and raises a lot of questions about this administration’s intent.”

Meanwhile, Rep. Garret GravesGarret Neal GravesTrump administration submits list of conservation projects after the deadline House GOP seeks to cement Trump rollback of bedrock environmental law Oil and gas is a partner — not an adversary — in meeting our economic and environmental goals MORE (R-La.), who opposed the Great American Outdoors Act, argued that this showed that the LWCF isn’t a real priority.

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“If this truly were urgent, if this were a priority, then you would’ve had this list years ago. If you had this…huge priority of acquisitions, you could’ve produced this list at the drop of a hat,” he said in an interview Monday before The Hill obtained the LWCF project list. 

“This is ridiculous that you’ve diverted money from one area for a purpose to land acquisition…that they don’t even have projects identified for,” he added. “You’re going to have greater federal spending picking up the pieces after than if we had directed the dollars toward proactive protection and just reaffirming the stupidity behind what was done here.”

The document submitted to Congress on Monday lists 20 Fish and Wildlife Service projects and 26 National Park Service projects that will receive LWCF funding. They’re located at places including part of the Everglades in Florida, the Cuyahoga Valley National Park in Ohio and the Glacier Bay National Park and Preserve in Alaska. 

President TrumpDonald John TrumpPence to attend Senate GOP lunch on Tuesday Biden transition team to mull legal action over agency’s transition delays: reports Trump campaign lawyers worry about pushing lawsuits that could undermine election: report MORE’s support for funding the LWCF was something of a reversal after he previously proposed significant cuts to the fund.

The Great American Outdoors Act was largely viewed as a win for several lawmakers who were seeking reelection including Sens. Cory GardnerCory GardnerTrump administration submits list of conservation projects after the deadline Five takeaways from the battle for the Senate Susan Collins: ‘We must all respect the outcome of elections’ MORE (Colo.) and Steve DainesSteven (Steve) David DainesTrump administration submits list of conservation projects after the deadline OVERNIGHT ENERGY: Down ballot races carry environmental implications | US officially exits Paris climate accord  Winners and losers from 2020’s election MORE (Mont.), who both represent states with vast amounts of public land.

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HAPPY THURSDAY! Welcome to Overnight Energy, The Hill’s roundup of the latest energy and environment news. Please send tips and comments to Rebecca Beitsch at rbeitsch@thehill.com. Follow her on Twitter: @rebeccabeitsch. Reach Rachel Frazin at rfrazin@thehill.com or follow her on Twitter: @RachelFrazin.

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ADMINISTERING AN ADMINISTRATOR: Filling the top spot at the Environmental Protection Agency (EPA) may be one of the more challenging Senate confirmation efforts facing the incoming Biden administration as the team eyes picks that have been vocal Trump administration critics.

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The EPA is expected to play a vital role in a Biden administration determined to change the U.S course on climate change and sharply reduce emissions. 

Among those on the list to lead the agency are Mary Nichols, currently the head of the California Air Resources Board, National Wildlife Federation President Collin O’Mara, former EPA regional administrator Heather McTeer Toney, and Dan Esty, a Yale University professor who previously held senior roles at the EPA during former President George H.W. Bush’s administration.

Nichols, one of California’s top environmental regulators, has been through a confirmation battle before, securing the nomination to lead the Office of Air and Radiation under the Clinton administration.

But this process could be different, and Democrats haven’t been shy about voicing concerns over the leverage Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellBiden has spoken with some GOP senators, chief of staff says Obama ‘troubled’ by GOP attempts to cast doubt on election results: ‘That’s a dangerous path’ Biden campaign manager: McCarthy, GOP will feel pressure from constituents to accept president-elect MORE (R-Ky.) will hold over the process assuming Republicans win two Senate runoff elections in Georgia and keep the majority.

“I take McConnell at his word. I understand he said that he will make it clear who he’s prepared to support and not support and that’s a negotiation that I’m sure we’ll have,” President-elect Joe BidenJoe BidenBiden has spoken with some GOP senators, chief of staff says Trump told advisers he could announce 2024 bid shortly after certification of Biden win: report Obama ‘troubled’ by GOP attempts to cast doubt on election results: ‘That’s a dangerous path’ MORE told reporters Tuesday.

The candidates…

Nichols: Nichols has earned wide praise in the environmental community and many see her as the front-runner for the position.

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But the so-called Queen of Green has also not kept a low profile during the Trump administration. 

California has been one of Trump’s biggest foes, suing the administration 56 times over environmental rollbacks or other similar issues, including a decision to strip the state of its ability to enact tougher vehicle emissions standards.

Though Nichols could face more Senate resistance than some picks, one senior Obama-era political appointee familiar with the candidates on the list called her the best pick who “could handle the technical side of the job and also the political side of the job.”

O’Mara: O’Mara comes into the mix with strong Delaware ties, having served as secretary for the state’s department of natural resources. He’s led the National Wildlife Federation since 2014, a conservation group that normally deals with issues under the purview of the Department of the Interior.

But under O’Mara the group has also frequently criticized a number of Trump environmental rollbacks that have taken place under the EPA. 

Still, sources say he has good relationships with more moderate Senate members that could help advance his nomination, particularly given his organization’s work on a number of popular bipartisan conservation bills. 

Toney: Toney, a former Atlanta-based regional EPA administrator, was appointed by former President Obama in 2014 after a stint as the first African American, first woman and youngest mayor of Greenville, Miss.

Betsy Southerland, who was director of the Office of Science and Technology at the EPA’s Office of Water under the Obama administration, said Toney could be a good pick given the breadth of experience she already would have had at the agency.

“She has a strong background in air but as regional administrator she would have touched everything,” Southerland said.

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Esty: Esty, the Yale professor previously served as commissioner of Connecticut’s Department of Energy and Environmental Protection. His time at the EPA came under the George H.W. Bush administration, but he also served on the Obama campaign’s 2008 transition team.

Read more about the potential nominees and the hurdles some of them could face here. 

HERE COMES THE SUN: A new bipartisan bill aims to help the solar energy industry take advantage of a tax credit.

The House legislation introduced Thursday by Reps. Mike Levin (D-Calif.) and Dave Schweikert (R-Ariz.) would temporarily make the solar Investment Tax Credit (ITC) refundable, meaning that the amount of money that solar producers receive from the tax credit may exceed the amount that they owe in taxes. 

It would also slow the credit’s phasedown, under which the maximum amount solar producers could receive under the tax credit gradually reduces, by one year. 

The legislation was praised by a solar industry trade group as a way to help an industry that has been hit hard by the pandemic. 

“This bipartisan legislation would help address key issues facing the solar industry as a result of the COVID crisis, and support hardworking men and women deploying clean solar energy across the country,” said Jeremy Woodrum, director of Congressional Affairs, Solar Energy Industries Association, in a statement. “Enacting these pro-solar measures would go a long way toward jumpstarting clean energy projects and easing some of the economic impacts of COVID-19.”

The legislation doesn’t currently have a Senate companion bill, but some Senate Republicans have indicated support for giving companies more time to take advantage of the ITC credit. 

Read more about the legislation here. 

MAILBAG: A coalition of major environmental groups is pushing the Biden camp to avoid future Treasury Department picks with connections to the fossil fuel industry.

A letter from Stop the Money Pipeline, a coalition of 130 organizations including environmental groups and some financial institutions, sent a letter to the transition team offering a checklist for potential appointees. 

“A key first step for your administration to address the climate crisis is to ensure that all financial-sector appointees to your Administration are fully vetted regarding their commitment to shifting at full speed into economic principles and practices which completely support renewable energy and fully divest from the fossil fuel industries,” the organization wrote in a letter.

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The group stressed the need for candidates to “have a proven ability to creatively apply the tools of government” and a willingness to put pressure on financial institutions to prepare for climate change. 

OUTSIDE (AND INSIDE) THE BELTWAY:

Audubon Society hit by claims of ‘intimidation and threats,’ Politico reports

A whistleblower speaks out over excavation of Native sites, High Country News reports

How One Firm Drove Influence Campaigns Nationwide for Big Oil, The New York Times reports

Brazil president warns Biden of ‘gunpowder’ reaction if US imposes sanctions over Amazon deforestation, we report

Biden EPA transition team member helped DuPont dodge responsibility for PFOA, The Intercept reports