National Environmental Policy Act (NEPA)

Virginia groups sue U.S. Forest Service over new environmental review standards

Virginia Mercury discusses Virginia groups sue U.S. Forest Service over new environmental review standards.

Four Virginia organizations have joined a coalition of Southern Appalachian environmental groups that are suing the U.S. Forest Service over changes to federal environmental rules that determine how much scrutiny regulators must give activities like logging and utility projects in national forests.

The rule, which was finalized by President Donald Trump’s administration Nov. 19, aims “to bypass the fundamental requirements of the National Environmental Policy Act” and “will cause significant harm to publicly owned national forests across the country and to members of the public who use those lands,” the lawsuit contends.

6 energy battles to watch this fall

E&E News discusses 6 energy battles to watch this fall.

Federal judges across the country are poised to take on a slew of cases with important implications for pipelines, power plants, and oil and gas leasing — just as the country prepares for the possibility of a new president with a markedly different energy agenda.

Blue-state leaders and conservation groups say they are watching to see if the judiciary will help lay the groundwork for that potential policy shift.

So far, federal courts under the Trump administration have generally been effective at “holding the line and setting precedent and authority for change” that could come if Democratic presidential nominee Joe Biden takes the White House in 2021, said Erik Schlenker-Goodrich, executive director of the Western Environmental Law Center.

“A huge amount hangs in the balance,” he said.

Court rulings supporting the federal government’s obligation to consider cumulative greenhouse gas emissions under the National Environmental Policy Act could strengthen a federal oil and gas program under a possible President Biden, said Schlenker-Goodrich.

Report: How Trump’s NEPA overhaul hits offshore wind

E&E News discusses how Trump’s NEPA overhaul hits offshore wind.

Offshore wind — a multibillion-dollar industry poised to go up along the Atlantic seaboard — seemingly is the optimal candidate to benefit from President Trump’s overhaul of the National Environmental Policy Act last month.

But the NEPA changes — along with the 2020 presidential race — have added to the political uncertainty surrounding the industry as it tries to build the first large-scale projects in U.S. waters, some say.

Unveiling the changes in Atlanta last month, Trump said the new NEPA was a “historic breakthrough,” and supporters said it would speed up decisions for multiple energy projects, including renewables.

“We want to get things built,” he said.

A more rapid permitting route could affect more than a dozen wind facilities proposed in the Atlantic, representing a whopping 20 gigawatts of offshore power to be injected into the onshore grid in the coming years. Each one has to navigate the NEPA process before it can start construction.

The sector could pour $1.2 billion into the U.S. Treasury over the next two years if the Trump administration, or its successor, expands federal wind offerings in the Atlantic and holds first auctions in California, according to a white paper published this month by Wood Mackenzie (Energywire, Aug. 6).

E.P.A. to Lift Obama-Era Controls on Methane, a Potent Greenhouse Gas

The New York Times discusses why the E.P.A. is proposing to lift Obama-era methane controls. The reversal is the latest move in the Trump administration’s ongoing effort to weaken environmental rules, but it could be quickly undone after the November election.

The Trump administration is expected in the coming days to lift Obama-era controls on the release of methane, a powerful climate-warming gas that is emitted from leaks and flares in oil and gas wells.

The new rule on methane pollution, issued by the Environmental Protection Agency, has been expected for months, and will be made public before Friday, according to a person familiar with the matter who spoke anonymously to avoid publicly pre-empting the official announcement.

The rollback of the methane rule is the latest move in the Trump administration’s ongoing effort to weaken environmental standards, which has continued unabated during the coronavirus pandemic.

In April, the E.P.A. weakened rules on the release of toxic chemicals from coal-fired power plants, loosened curbs on climate-warming tailpipe pollution and opted not to strengthen a regulation on industrial soot emissions that have been linked to respiratory diseases, including Covid-19.

In July, President Trump unilaterally weakened one of the nation’s bedrock conservation laws, the National Environmental Policy Act, limiting public review of federal infrastructure projects in an effort to speed up the permitting process for freeways, power plants and pipelines.

Trump Weakens Major Conservation Law to Speed Construction Permits

The New York Times discusses how Trump Weakens Major Conservation Law to Speed Construction Permits.

President Trump on Wednesday unilaterally weakened one of the nation’s bedrock conservation laws, the National Environmental Policy Act, limiting public review of federal infrastructure projects to speed up the permitting of freeways, power plants and pipelines.

In doing so, the Trump administration claimed it would save hundreds of millions of dollars over almost a decade by significantly reducing the amount of time allowed for completing reviews of major infrastructure projects.

Revising the 50-year-old law through regulatory reinterpretation is one of the biggest — and most audacious — deregulatory actions of the Trump administration, which to date has moved to roll back 100 rules protecting clean air and water, and others that aim to reduce the threat of human-caused climate change.

6 Places Where the National Environmental Policy Act Made The Difference

EarthJustice discusses 6 Places Where the National Environmental Policy Act Made The Difference. One of the first lawsuits under the National Environmental Policy Act was brought — and won — by Earthjustice on behalf of the Sierra Club in 1971. It demanded an environmental study before the government allowed the Gila River, a tributary of the Colorado River in New Mexico, to be turned into a concrete ditch. The project failed to gain approval. The 649-mile Gila River lives to flow on today.

National Environmental Policy Act – 2 articles

The Hill discusses why the Trump administration hates the National Environmental Policy Act. The Trump administration has now finalized major proposed changes to the National Environmental Policy Act (NEPA), rewriting the rules that govern how agencies review development projects under that landmark environmental law. NEPA is our country’s national charter for the environment, and it meets its purpose elegantly by requiring information-based decisions over political mandates. It forces federal decision-makers to consider, before they make their decisions, what the impact of their actions will be on the environment, on wildlife and on local communities. It also mandates that they seek the input of the people that will be most impacted before they decide.

The Washington Post discusses why Trump scales back landmark environmental law, saying it will help restart the economy. Activists warn that the changes will sideline communities of color and concerns over projects’ climate impacts.

President Trump finalized a major overhaul Wednesday of one of the country’s most consequential environmental laws on the grounds that it has slowed the construction of highways, pipelines and other major projects across the country. The sweeping changes to the 50-year-old National Environmental Policy Act, which opponents have vowed to fight in court and reverse if Democrats regain control of the executive and legislative branches this fall, underscore the stakes in this year’s election.

As the nation reels, Trump Administration continues environmental policy rollbacks

Environmental Health News discusses, as the nation reels, Trump Administration continues environmental policy rollbacks. Just beneath the headlines, politics and nature are whipping up a few more storms.

There’s a whirlwind of distressing news these days. Rage over racism; fretting over finance; and coronavirus may just be getting its boots on. It’s all a perfect time to unleash some quiet mayhem on the environment.

It’s all hard to write about, and I’m sorry, I know it’s equally hard to read about. But it’s even more impossible to ignore.

The Trump Administration’s war on environmental regulation might draw a little more attention in normal times. Here are a few things, flying under the radar, that will have ramifications for years.

In early June, Trump launched a frontal attack on the National Environmental Policy Act (NEPA). NEPA is a 50-year-old, profoundly un-sexy law that generates tons of paperwork and keeps scores of attorneys gainfully employed. It’s also a cornerstone of environmental law—the statute that requires an Environmental Impact Statement for federally-funded development projects, including pipeline and construction, airport expansion, and more.

Trump permitting order benefits fossil fuels and renewables, but NGOs vow to challenge

Utility Dive discusses how Trump’s permitting order benefits fossil fuels and renewables, but NGOs vow to challenge.

President Donald Trump on Thursday signed an executive order designed to hasten the approval of infrastructure projects in a move that critics say will undermine critical environmental protections.
The order is a response to COVID-19-related delays, according to the White House, and part of an effort to accelerate the country’s economic recovery. “Unnecessary regulatory delays will deny our citizens opportunities for jobs and economic security, keeping millions of Americans out of work and hindering our economic recovery from the national emergency,” the order reads.
But the order’s legality is shaky and there is little evidence removing red tape will stimulate economic growth, a former U.S. Environmental Protection Agency attorney told Utility Dive.

Trump’s Thursday order is consistent with the Administration’s policies on environmental regulations. In May, the President signed another executive order directing federal agencies to ease regulations on industry, following a March directive from the EPA providing compliance flexibility to power plants able to show that any pollution violations were a direct result of COVID-19 impacts.

Trump signs order removing environmental review of major projects

The Hill discusses how Trump signed an order removing environmental review of major projects.

President Trump signed an executive order Thursday evening that would waive requirements under a suite of environmental laws, a move the administration says will boost the economy amid the coronavirus pandemic.

The new order expedites the permitting of construction projects and energy projects overseen by several federal agencies, using emergency authorities to skirt environmental regulations with little public notice.

“From the beginning of my Administration, I have focused on reforming and streamlining an outdated regulatory system that has held back our economy with needless paperwork and costly delays,” Trump wrote in the order. “The need for continued progress in this streamlining effort is all the more acute now, due to the ongoing economic crisis.”

The order would slash the requirements in a number of landmark environmental laws, including the Endangered Species Act, the Clean Water Act and National Environmental Policy Act (NEPA), which requires rigorous environmental review before building new infrastructure like highways or pipelines.