permitting reform
Procedure Versus Substance
Drawing a false dichotomy between procedure and substance does not lead to good policy
“If I let you write the substance and you let me write the procedure, I’ll screw you every time.” Former US Rep. Dingell In the prior post I criticized some of the positions of environmental groups in the debates over the Senate permitting reform bill. But advocates of the bill have also made problematic arguments. …
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CONTINUE READINGPermitting Wars
Environmental groups should engage constructively with permitting reform
The permitting reform bill now being considered in the Senate has provoked fairly vicious fights between “abundance” advocates and at least some environmental groups. I think that there are valid critiques of many of the arguments that each side is making, and I think unpacking those critiques can be helpful in trying to find a …
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CONTINUE READINGHow to Deconstruct Federal Regulation
Section 1401 of the Permitting Reform Bill is a stealth repeal of a wide swath of federal regulatory law, not just environmental law
I want to write separately to emphasize how sweeping the permit certainty provisions of Section 1401 of the permitting reform bill likely are. Again, these are provisions that apply if an agency takes an “action” (which is undefined) against a “project” (also undefined) that “would revoke, rescind, withdraw, terminate, suspend, amend, or alter a Federal …
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CONTINUE READINGImproving permitting reform
Suggestions to make the permitting reform bill work better and avoid unintended results
I’ve written a bunch about the Senate’s permitting reform bill. My basic takeaway is that I want this bill to pass, but that there are some serious flaws in the bill, particularly in the permit certainty provisions, that must be addressed. And in general, there are areas where greater clarity about the scope of the …
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CONTINUE READINGUnpacking the Senate Permitting Reform Bill: Disparate Treatment for Permits
Bill attempts to draw on discrimination law to address disparate treatment for permits, but provision has problems
This post continues my review of the provisions of the Senate Permitting Reform Bill, focusing on the disparate treatment permit provisions in Title IV. My introduction to the coverage of the bill is here. My discussion of Title I, covering NEPA is here (for remedies) and here (everything else). My discussion of the Clean Water …
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CONTINUE READINGUnpacking the Senate Permitting Reform Bill: Permit Certainty
Permit certainty provisions are problematic and unclear in their scope
This post continues my review of the provisions of the Senate Permitting Reform Bill, focusing on the permit certainty provisions in Title IV. My introduction to the coverage of the bill is here. My discussion of Title I, covering NEPA is here (for remedies) and here (everything else). My discussion of the Clean Water Act …
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CONTINUE READINGUnpacking the Senate Permitting Reform Bill: ESA
Changes to the Endangered Species Act are limited in scope
This post continues my review of the provisions of the Senate Permitting Reform Bill, focusing on the Endangered Species Act provisions in Title III. My introduction to the coverage of the bill is here. My discussion of Title I, covering NEPA is here (for remedies) and here (everything else). My discussion of the Clean Water …
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CONTINUE READINGUnpacking the Senate Permitting Reform Bill: CWA
Clean Water Act provisions have largest impacts on Section 404 permitting, and some on Section 401 certification
This post continues my review of the provisions of the Senate Permitting Reform Bill, focusing on the Clean Water Act provisions in Title II. My introduction to the coverage of the bill is here. My discussion of Title I, covering NEPA is here (for remedies) and here (everything else). Water Quality Criteria: Section 1201 requires …
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CONTINUE READINGUnpacking the Senate Permitting Reform Bill: NEPA
NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place
I’ve already written some about the Senate permtting reform bill, including the provisions on NEPA remedies. In the next few posts I’m going to take deep dives on Titles I through IV of the bill, which are the primary changes to environmental law. First, I’ll cover the changes to NEPA in Title I besides NEPA …
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CONTINUE READINGPermitting Reform Bill: NEPA Remedies
Efforts to tailor remedies for NEPA violations address an important issue, but may have misfired
To me the most important change in environmental law from the permitting reform bill is the effort to restrict remedies for NEPA violations. I’ve written before about why I think this is important work to do, and why it is important to do it well. And there are good components to the proposal on the …
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