Categorical Exclusions

Data Center Permitting: A Roadmap     

AI is fueling a surge in data center construction. Here’s what you need to know.

Data Centers have significant environmental footprints, which is going to raise several permitting issues except for those using clean energy sources. The permitting issue are mapped out in this post. The Trump Administration is clearly going to do its best to free the industry from environmental limits. We’ll see how successful that is going to be.

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The Forthcoming Interpretation Wars

The new NEPA amendments weren’t intended to speed up the process. But they’ll also spark new litigation.

The Interior Department has a rule that environmental review isn’t required for a prescribed fire of 4,500 acres, subject to restrictions that aren’t relevant here. Prior law authorized this kind of regulation but also required the agency to consider whether a particular fire involved exceptional circumstances, such as being next to a wilderness area. After …

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Another Lesson from the BP Disaster: The Need for Better Risk Assessment

Apparently, the lease grant to BP was exempted from environmental review, according to the Washington Post’s Juliet Eilperin: The decision by the department’s Minerals Management Service (MMS) to give BP’s lease at Deepwater Horizon a “categorical exclusion” from the National Environmental Policy Act (NEPA) on April 6, 2009 — and BP’s lobbying efforts just 11 …

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