CEQ
Trumpās Self-Defeating NEPA āReformsā
Rather than streamlining the process, Trump is gumming up the works.
Trump has taken some dramatic steps in the name of improving use of NEPA, the statute governing environmental reviews of projects.Ā The goal is to speed up the permitting process and make it more efficient. The reality is that his efforts will create chaos and uncertainty, with the likely effect of slowing things down.Ā
CONTINUE READINGCareful what you wish for
The impact of eliminating CEQās NEPA regulations may be more onerous NEPA compliance
One of the many EOs issued by the new administration revokes the authority of the Council of Environmental Quality (CEQ), an office within the White House, to issue regulations implementing the National Environmental Policy Act (NEPA) that bind agencies in terms of what they must do for NEPA compliance.Ā The EO follows on the heels …
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CONTINUE READINGTrump’s War Against NEPA
One of Trumpās Executive Orders Heralds a Revolution in NEPA Practice
Whatās going on here is pretty obvious, Itās not āimproving environmental rules.ā No, the title of the subsection is āUnleashing Energy Dominance through Efficient Permitting.āĀ Anything that gets in the way of fossil fuel development ā which is what Trump means by energy dominance ā is going to get steamrolled.Ā Including the environment.
CONTINUE READINGThe 2023 NEPA Rewrite and the Supreme Courtās New Climate Case
NEPA isnāt a common law subject. What the statute says matters more than pre-2023 judicial opinions.
When it amended NEPA in 2023, Congress squarely rejected language that would have constricted the definition of environmental impacts. The Supreme Court needs to give that language full effect, not obsess about the meaning of pre-2023 judicial opinions.The Supreme Court shouldnāt give advocates of narrowing NEPA a victory that they were unable to get through the legislative process.
CONTINUE READINGDeciphering NEPA 2.0
Hereās everything you wanted to know about the āNew NEPAā but were afraid to ask.
NEPA was long an island of legal stability, standing almost unamended for over a half century.Ā Then in the summer of 2023, everything changed.Ā As a rider on the agreement to raise the debt ceiling, Congress extensively rewrote and expanded NEPA, gifting us with a new statutory regime.Ā As Iāve written before — and discuss …
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CONTINUE READINGRevamping the NEPA Process
The White House ‘s proposed regulations will streamline the process while still protecting the environment.
Early on Friday, the White Houseās Council on Environmental Quality (CEQ) released the proposed Phase II revisions of its NEPA regulations.Ā The CEQ proposal deftly threads the needle,Ā streamlining the NEPA process whileĀ protecting the environment and disadvantaged communities. The proposal is a clear improvement over both earlier versions: 1978 rules issued by the Carter …
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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. Ā Much of the language in the new law is poorly drafted or vague, making CEQās …
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CONTINUE READINGJustice 40 and Identifying Disadvantaged Communities
Why race is an important factor to consider
Last Friday, the White House Council on Environmental Quality released its long-awaited Climate and Economic Justice Screening Tool. The screening tool will guide the Biden Administrationās implementation of its Justice40 Initiative that directs that 40 percent of certain federal investment programs benefit disadvantaged communities. However, like may legal scholars predicted and the White House foreshadowed, …
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CONTINUE READINGBidenās Green Team
Here are the six who will lead the way on environment and energy issues.
Bidenās choices to head particular agencies have trickled out over the past few weeks.Ā Itās only when you put them together that you get a sense of the overall time.Ā Itās a very diverse group, all of whom seem to have strong environmental commitments. Pete Buttigieg, Department of Transportation.Ā Buttigieg is a well-known figure from …
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CONTINUE READINGMisunderstanding the Law of Causation
Trump’s NEPA proposal flunks Torts as well as Environmental Science 101.
Last week’s NEPA proposal bars agencies from considering many of the harms their actions will produce, such as climate change. These restrictions profoundly misunderstand the nature of environmental problems and are based on the flimsiest of legal foundations. Specifically, the proposal tells agencies they do not need to consider environmental āeffects if they are remote …
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