States weigh expanded land protections in climate fight

By JOHN TOWNES
Contributing writer

 

A bill passed by New York legislators this spring sets a goal of conserving at least 30 percent of the state’s land and water by 2030, aligning with national and global targets set by environmentalists and the Biden administration for curbing the effects of climate change and other ecological problems.

If Gov. Kathy Hochul signs the bill into law in the coming weeks, New York would join California, Illinois and several smaller states that have already embraced the goal of conserving 30 percent of their land area within the next eight years.

Local environmental and conservation groups are cheering the action in Albany, where the bill attracted bipartisan support and passed both houses of the Legislature by lopsided margins.
“This is an exciting opportunity for land conservation,” said Troy Weldy, president of the Columbia Land Conservancy. “It will provide a framework and support for conservation in communities throughout the state.”

Vermont legislators passed a similar bill in early May, setting a goal of conserving 30 percent of the state’s land by 2030 – and an additional goal of having 50 percent of land protected by 2050. But Gov. Phil Scott, a Republican, vetoed the bill in June, saying he opposed its emphasis on permanent land-use protections.

The push for stepped-up conservation efforts also has drawn opposition from some property rights activists and from national conservative groups that contend the dangers of climate change are being overstated.

 

Joining a global push
The bills in New York and Vermont reflect a national and global effort often referred to as the “30 by 30” movement. It grew out of the conclusion by many scientists that 30 percent is the minimum amount of land, water and wetlands that would need to be conserved internationally by 2030 to effectively address climate change, species extinction, erosion, flooding and other crises arising from overdevelopment and pollution of land, water, shorelines and oceans.

The 30 by 30 (or 30x30) movement is being spearheaded internationally by a coalition that includes scientists, the United Nations, conservation organizations and others. Lead advocates include the High Ambition Coalition for Nature and People (www.hacfornatureandpeople.org), an intergovernmental group of more than 90 countries, and the Campaign for Nature (www.campaignfornature.org), a partnership of the Wyss Campaign for Nature and the National Geographic Society. The 30 percent land conservation goal has been accepted in principle by some 100 governments.

One of the first actions President Biden took after he was inaugurated was the inclusion of the 30 by 30 goal in a Jan. 27, 2021, executive order entitled “Tackling the Climate Crisis at Home and Abroad” and a related initiative called “America the Beautiful.”

Biden’s order describes the effort as a “challenge to conserve, connect, and restore” lands, waters and wildlife over the next decade. It also aims to ensure that all segments of the population, including people in low-income urban neighborhoods, have access to natural open land and recreation opportunities.

The New York bill reflects these goals. Its stated purpose is to “combat the biodiversity and climate crises in the state’s land acquisition policy.” It sets priorities such as protecting water sources, aquifers and wetlands; preserving and increasing biodiversity through acquisition and restoration of habitats and connecting corridors, and expanding equitable access to natural land in all communities.

It directs the state Department of Environmental Conservation and other agencies to prepare an analysis and state land acquisition plan. This process is supposed to provide for the participation of local communities, other stakeholders and the general public. The legislation does not include direct funding but would be pursued in conjunction with other programs.

The New York legislation was introduced by Assemblywoman Patricia Fahy, D-Albany, while state Sen. Todd Kaminsky, a Long Island Democrat, introduced a Senate version. (Kaminsky resigned in July, after the bill had won approval.)

The bill passed the Assembly in late April by a vote of 137-8, and the Senate approved it in May in a 58-3 vote as part of a package of environmental initiatives. As of late August, the Assembly had not yet forwarded the measure to Gov. Kathy Hochul, a step that could occur anytime before the end of the year. Once she receives it, the governor will have 30 days to sign or veto the legislation.

 

Starting with a broad goal
Supporters say the overall 30 by 30 initiative is intended to set a broad target for environmental and conservation efforts based on scientific analysis. Laws like the one passed in New York are supposed to guide complex policy decisions to prioritize what general types of land and water – and ultimately, which specific sites -- should be protected to achieve these goals.

The 30 percent goal would encompass land that is conserved through past and future local and national government planning policies, regulations, acquisition of designated public lands, and incentives, such as tax easements for conservation on private land. Backers say voluntary activity in the private sector, such as initiatives by conservation organizations and land trusts, would count toward the goal.

Among the challenges in reaching the goal is reconciling conservation with the complex characteristics of development patterns and economic activity.

Another issue is determining what constitutes protection – and what level of human activity should be allowed on conserved land. These will range from undisturbed natural land to parks where hunting, and fishing and other recreation is allowed – and to protected areas where controlled development, farming, logging and other more intensive activity is permitted.

Although about 60 percent of land in the United States is still in a relatively natural or recoverable condition, only about 12 percent currently is considered formally conserved. Some experts estimate the nation is losing the equivalent of a football field of natural land every minute. Achieving the 30 percent conservation goal will require the additional conservation of a total land area that is equivalent to twice the size of Texas, according to National Geographic.

About 19 percent of land in New York is currently conserved or protected, according to the written justification for the state Senate bill. In Vermont, about 25 percent of land is already under some form of protected status.

 

Opponents see a ‘land grab’
Although the 30 by 30 movement has drawn some opposition in New York and Vermont, it so far has proven most controversial in western states where the federal government already controls large chunks of land.

Spurred by that opposition, Republicans have introduced “30 by 30 termination” bills in the U.S. House and Senate. At least 15 governors have publicly criticized the conservation effort, and a number of county governments have passed resolutions against it.

Some oppose the effort on ideological grounds. Its strongest critics have called it a “Trojan horse” through which environmentalists will set the stage for wholesale takings of land by eminent domain – a goal supporters deny.

American Stewards of Liberty, a national property rights group, has set up a web page, “Stop the 30 x 30 Land Grab” (stop30x30.americanstewards.us), with a public online letter to President Biden. The letter contends the initiative is “about circumventing the American people and the rule of law in order to transfer control of American’s private property rights to environmental elites and the administrative state.”

Critics also contend that the movement’s supporters are using alarmist and inaccurate claims. A report by the conservative Heritage Foundation (www.heritage.org), “Lands and Habitat in the United States: A Reality Check,” argues that the claims of environmental crisis are misleading. It includes a contrary and more upbeat analysis and suggests that “Americans should be optimistic about the state of our lands and wildlife.”

The group contends land conservation on the scale being proposed is not needed, and it says “misinformation” about environmental threats “provides undue support for those who wish to impose wrong-headed, economically harmful polices upon an already enormous government estate.”

 

Differing on the details
Others have expressed more specific concerns about the 30 by 30 initiative without actually opposing it. Organizations representing hunters, farmers and other interests have stated a willingness to work with the movement but have emphasized that it must be a collaborative effort that takes their activities and goals into account.

In Vermont, Scott said in his veto message to the Legislature that he objected to the bill’s emphasis on permanent protection as a strategy, rather than other alternatives.
“Vermont has a long history of effective land conservation,” Scott wrote. “This is a result of flexible and innovative tools like our current use program and the payment-for-ecosystem-services model.”

He cited testimony from the state’s Agency of Natural Resources, which opposed the bill.
“The agency has repeatedly said that permanent preservation has not been, and cannot be, the state’s exclusive conservation tool, and this bill, intentionally or not, would diminish the existing and successful conservation tools we have,” Scott wrote.

In New York, state Sen. Patrick Gallivan, an Erie County Republican, was among the three senators who voted against the 30 by 30 bill, though he said he supports its overall purpose and strategy.

“I agree with the basic goal, and I think it takes a reasonable approach of scientific analysis and working with local communities, other interests, and public input,” he said. “I could have voted for it under different circumstances.”

But Gallivan, who is the Senate minority whip, said he believes the bill as it was presented was too vague – and that the concept should have been subject to more analysis before it was submitted as legislation. He also pointed to a lack of clarity on the effort’s costs and the extent to which public money might be involved in the future.

“We were being asked to approve a very broad plan, without details of what it will require,” Gallivan said. “For example, it sets an arbitrary goal of 30 percent rather than a number based on actual research into what is most appropriate and realistic for New York. The studies might indicate that 25 percent may be a more realistic target here -- or perhaps we may find that 35 percent is necessary.”

Asked why the bill enjoyed such broad bipartisan support, Gallivan said the proposal’s broad outline reflects a general consensus in the state.

“I think there is widespread acknowledgement of the need to protect the environment and deal with climate change,” he said. “That shouldn’t be a partisan issue. There may eventually be differences over specifics as this plan moves forward. But that will have more to do with the perspectives of the individual representatives and the situations in the diverse districts they represent.”

 

Local projects, national framework
Nationally, the Biden administration is attempting to address these concerns and build a consensus by emphasizing diverse collaborative approaches. It has directed the Interior Department to work with the Departments of Agriculture and Commerce, the National Oceanic and Atmospheric Administration, and the White House’s Council on Environmental Quality to develop specific recommendations for reaching the 30 percent land conservation goal.
The administration also has called for an “American Conservation and Stewardship Atlas” to collect information on the amount and types of lands and waters that are being managed for conservation and restoration purposes, with annual updates.

The project’s initial report, “Conserving and Restoring America the Beautiful 2021,” outlined its guiding principles. It noted that its focus is on conservation, rather than “protection” or “preservation,” in recognition that uses of land and water “can be consistent with the long-term health and sustainability of natural systems.”

Other stated principles include supporting locally led conservation efforts, honoring private property rights, and support of voluntary stewardship. The report also emphasizes using existing tools and flexible strategies as well as approaches that support sustainable economic vitality and jobs. It also states a commitment to respect indigenous Native American rights and cooperative strategies that protect the sovereignty of tribal lands.

The New York bill reflects these strategies on the state level.
Weldy, of the Columbia Land Conservancy, noted that although the state effort will provide additional resources when sites are included in the 30 percent goal, other ongoing activities of his organization and others like it -- to acquire sites or protect them in land trusts and development easements -- will continue independently.

Weldy said he believes that the ultimate effectiveness of the 30 by 30 initiative will depend on a variety of factors, including how it is interpreted and applied.

“To be successful, it will have to be focused on lands and waters that reflects its stated goals,” he said. “There are varying specific purposes for conserving sites, including species-focused, climate-focused and people-focused purposes. Those will have to be factored in when considering priorities and specific sites, such as protecting wetlands or providing recreation opportunities. Also, it should be statewide. Rather than just considering land in regions already protected, it should include sites in and around urban areas.”