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 …CONTINUE READING
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 …CONTINUE READING