Region: National
Not Just About the Climate
The benefits of the energy transition transcend climate.
The main reason to control carbon is to protect the climate. But cleaning up the energy system has plenty of other benefits. Those benefits will flow to people in rural areas as well as urban ones, to national security and international development, and to nature itself. To begin with, there are the health benefits of …
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CONTINUE READINGWhat Happened During the Montana Youth Climate Trial
The state argued that Held v. Montana is a boring case about procedure. The kids made a compelling case that climate action is part of Montana’s constitutional obligation to maintain a healthy environment.
The very first American trial of a youth climate lawsuit was hardly blockbuster Court TV, but we learned a lot from the proceedings. The bench trial took place last month in the state capitol, Helena, where 16 youth plaintiffs ages 5 to 22 made the case that Montana’s unwavering promotion of fossil fuels violates the …
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CONTINUE READINGThe NEPA Amendments in Nine Blog Posts
Surveying the legal problems of the biggest NEPA changes in the past fifty years.
On June 5, President Biden signed the debt ceiling bill, which provides the first significant rewrite of NEPA since it was passed over fifty years ago. In a series of blog posts, I’ve explored some of the legal issues raised by the amendments. My goal has been highlighting problem areas rather than providing anything like …
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CONTINUE READINGRFK Jr. and Climate Change
Even on the environment, his views are strange and unsettling.
Robert Kennedy, Jr., has polled surprisingly well so far. That may well be a fluke, but it may be worth taking a look at his views at this point. Unlike his views on vaccines, his views on climate change don’t involve blanket denial of science. But they do involve some of the same populist fears …
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CONTINUE READINGAfter Sackett: A Multi-Prong Strategy
The Supreme Court’s wetlands opinion was terrible. Now what we do?
The Supreme Court’s opinion in the Sackett case dramatically curtails the permitting program covering wetlands. We urgently need to find strategies for saving the wetlands the Court left unprotected. We have a number of possible strategies and need to start work on implementing them immediately. Sackett was unquestionably a major blow, reducing federal jurisdiction over …
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CONTINUE READINGNature and the Pursuit of Happiness
The original understanding of an inalienable right.
What is the “pursuit of happiness,” which the Declaration of Independence says is an inalienable right? It sounds like this is about freedom from governmental restrictions on your activities. So, in modern terms, it seemed to mean that the government can’t stop you from “doing your own thing.” But that can’t be right. The Declaration …
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CONTINUE READINGNEPA 2.0 and Transmission Projects
Will the new NEPA provisions speed approval of urgently needed projects?
In terms of the energy transition, the most important question about the recent NEPA amendments is whether they streamline permitting for transmission projects. The answer is complicated. We can divide transmission projects into two groups. The first group consists of transmission projects where federal involvement is limited to specific segments, such as stream crossings requiring …
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CONTINUE READINGHaving the Fox Guard the Henhouse?
Delegating Environmental Reviews to Project Sponsors
One of the most important provisions, of the new NEPA law, § 107(f), allows the lead agency to delegate preparation of environmental reviews to project applicants. There are unsettled questions about when this provision applies and how it interfaces with other parts of NEPA. There are clear conflicts of interest in assigning this role to …
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CONTINUE READINGCEQ and Permitting Reform
The enactment of NEPA 2.0 presents a golden opportunity for the agency.
In the recent debt ceiling law, Congress extensively revamped NEPA, the law governing environmental impact statements. An obscure White House agency, the Council on Environmental Quality (CEQ), will have the first opportunity to shape the interpretation of the new language. Much of the language in the new law is poorly drafted or vague, making CEQ’s …
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CONTINUE READINGThe Drafting Puzzles of NEPA 2.0
In an effort to streamline NEPA, Congress may only have made parts of it incomprehensible.
Shortly after Biden signed the new NEPA rewrite as part of the debt ceiling law, I wrote a blog post about a major drafting glitch at the heart of the new provisions. Today, I’d like to follow up with more examples. This poor drafting could really hobble implementation of the new provisions. We live in …
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