remedies

Permitting 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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NEPA and Remedies

Trying to solve the difficult challenge of reforming remedies for NEPA violations

Earlier this year, the Institute for Progress (a pro-permitting reform organization) published a series of proposals for changing remedies for agency violations of NEPA.  There are good reasons to think about the problem.  If any NEPA violation can stop an entire project, that can incentivize efforts to fly-speck environmental review documents to strategically stop projects …

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