NEPA
Problem solved?
Bipartisan proposal for permitting reform from Problem Solvers Caucus is a good first step, but has much more work to do
The permitting reform conversation continues in Congress – this time with a long set of proposals from the bipartisan Problem Solvers Caucus, based on a range of conversations with different stakeholders and interest groups. There is much that is good in this set of proposals, but there are also proposals that require more thought, or …
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CONTINUE READINGFirst Monday? More Like ‘First Moanday.’
Since conservatives got a supermajority on the Supreme Court, it’s been on an anti-environmental tear.
Never say never. Maybe someday the Court will surprise us with a big win for the environment. But it would be foolish to count on that. We can also hope that the Court will do other good things, such as reining in Trump’s executive overreach. But it would be foolish to count on the Court to take a stand in favor of environmental protection.
CONTINUE READINGNEPA Update: The Other Shoe Drops
A New D.C. Circuit Case reads the Seven County decision for all it is worth.
Based on the facts as set forth by the D.C. Circuit, its decision in the Tennessee Pipeline case may have been right. But the opinion went astray with its unrestrained enthusiasm for deference in NEPA cases, and its assumption that the same rules carry over in reviewing decisions under other statutes like the Natural Gas Act.
CONTINUE READINGReinventing NEPA
What do we really want NEPA to do? And what’s the best way to do it?
Imagining reform legislation from Congress is difficult, but it’s worth imagining, if only as a thought experiment, how we could do better. I would suggest we start by asking what we can expect NEPA to accomplish after fifty years of judicial decisions and agency practice – and whether there are better ways of accomplishing those things.
CONTINUE READINGPermitting reform in the Trump Administration
It’s hard to do a deal when one side can’t be trusted to keep their side of the bargain
There’s more chatter about permitting reform again in Congress. I’m supportive of the concept, and thought the deal on the table at the end of the Biden Administration was probably worth doing. So there are now bipartisan efforts to amend NEPA, and also to do a broader permitting reform bill. I’ll leave specific analyses of …
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CONTINUE READINGSPEED bump?
Recent proposal for NEPA reform in House of Representatives is sweeping and perhaps counterproductive
The House of Representatives recently held a hearing on the SPEED Act, a proposal for NEPA reform advanced by Representatives Westerman (R-Arkansas) and Golden (D-Maine). While the public announcement by the majority for the bill is that it is simply “commonsense upgrades,” a close review indicates that it would produce potentially dramatic changes to NEPA, …
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CONTINUE READINGThe perils of federal abundance legislation
Political polarization at the federal level is a steep obstacle to any major abundance reforms
I recently wrote an assessment of the ROAD Act, a bill in the US Senate that would do some (mild) changes to NEPA and develop some guidelines and incentives for state and local governments to amend their zoning to facilitate more housing production. While the ROAD Act may be fine policy, one question is whether …
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CONTINUE READINGThe ROAD to housing?
Initial federal legislation advancing more housing is limited in scope.
There’s been a lot of legislative action advancing housing production through reforms to land-use and environmental regulations at the state level, including California. Now, the federal government is every so gingerly stepping into the area. The ROAD Act passed unanimously through the relevant Senate committee last month. In this blog post I’ll provide a brief …
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CONTINUE READINGParsing the 11th Circuit’s “Alligator Alcatraz” decision
Panel majority disingenuously blocks interim relief.
Last week, a divided panel of the 11th Circuit US Court of Appeals stayed the preliminary injunction issued by a District Court halting use of the Everglades detention center the Trump Administration loves to call “Alligator Alcatraz” pending the outcome of NEPA litigation. The preliminary injunction was a bit aggressive — the trial court had …
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CONTINUE READINGHouse Natural Resources Committee Holds Hearing on Another Ill-Conceived Permitting Reform Bill
The SPEED Act takes aim at the scientific foundation of environmental review
The proposed iSPEED bill includes provisions that would fundamentally compromise the integrity of federal decision making processes by allowing—or even compelling—the government to ignore scientific and technical information critical to understanding the effects of a federal action and how those effects could be mitigated.
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