NEPA
Pay to Play
The reconciliation bill has a new approach to try and change substantive law
I posted earlier about a provision in the House reconciliation bill that attempts to effectively repeal NEPA by allowing sponsors of projects to pay a fee to avoid any judicial review of NEPA documents. That provision is not unique, and indeed it looks like House Republicans are trying to develop a new tool to use …
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CONTINUE READINGAbundance and the Seven County case
The Court’s decision will facilitate fossil fuel projects much more than clean energy
I’ve seen some posts on the social media site formally known as Twitter arguing that the Seven County case is a win for an abundance-focused policy – in that it will facilitate more construction of infrastructure by eliminating or reducing environmental reviews. I think that statement is somewhat accurate in general. But I think it is …
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CONTINUE READINGImplications of the Seven County Decision
Possible limitations on NEPA analysis for climate effects and indirect effects
This is the third in our series of posts on the Seven County case. The first post was here, summarizing the key points of the opinion. The second post is here, providing our assessment of the analysis in the opinion. In this third post, we discuss the implications of the case for what have been …
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CONTINUE READINGA Critical Analysis of the Seven County Opinion
The court’s opinion ignores basic principles of law and statutory text in order to achieve a policy goal.
This is the second in a series of blog posts about the Court’s Seven County opinion. In our first post, we summarized the key points from the opinion. Here, we provide our assessment of the Court’s analysis. The Court’s analysis, especially in Part II.B, where it sets specific limits on the scope of NEPA, relies …
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CONTINUE READINGThe Outcome of the Seven Counties Case
Court emphasizes agency discretion and judicial deference in NEPA.
The Supreme Court issued its decision today in the Seven County NEPA case (available here). For background on the case, see our prior posts here, here, here, and here, as well as our article. In this post, we’ll provide a brief overview of the opinion. Next, we’ll undertake a brief analysis of the Court’s reasoning …
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CONTINUE READINGTrump’s Self-Defeating NEPA “Reforms”
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. 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.
CONTINUE READINGThe $133 Million Bat Tunnel
Here’s what permitting reform in the United Kingdom can teach the United States about building and abundance.
“We’ll rip out ‘insane’ environmental rules that block growth.” “We can’t get anything built anymore. Everything takes too long.” “We will streamline environmental obligations. We will limit the cynical legal challenges that block major infrastructure projects. We will strip away the years of consultation that drown builders.” You might well expect these threats and worries …
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CONTINUE READINGA Stealth Repeal of NEPA
Proposal from House Natural Resources Committee would effectively repeal NEPA
The Republican-controlled U.S. House of Representatives is working on reconciliation language – legislation that can pass via a majority-vote in the Senate, but only so long as it relates to fiscal matters. It looks like House Republicans are going to try and use the reconciliation process to effectively repeal the National Environmental Policy Act (NEPA). …
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CONTINUE READINGFix Our Forests, version 2
A revised bipartisan proposal in the Senate is a step forward in the right direction
I wrote previously about the Fix Our Forests bill which has been passed by the House and is currently being considered by the Senate. I noted some concerns I had about its overuse of emergency authorities, its expansion of categorical exclusions, and some changes to litigation, as well as some positive features of the bill. …
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CONTINUE READINGTrump’s Discordant Coal Quartet
Yesterday’s four executive orders were long on talk and short on action.
Yesterday, flanked by a coal miners in hard hats, Trump signed four executive orders to restore their industry to its past glory. Given that coal is now the most expensive way to generate power other than nuclear, that’s going to be a heavy lift. Like many of Trump’s orders, these four are full of threats and bluster, but will have little immediate effect. These orders give the same impression as many executive orders — that Something Important is Being Done — but they are really more in the way of promises of future action.
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