NEPA
Parsing 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.
CONTINUE READINGTwo more recent NEPA studies
These studies have better methodological approaches, and highlight the ways in which NEPA does (and does not) matter for renewable energy
In a prior blog post, I criticized a recent NEPA study from the Breakthrough Institute for some key methodological limitations. Two more studies of NEPA have since come out from Resources for the Future that I want to highlight because I think they have stronger methodological foundations. There are still important limits on what these …
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CONTINUE READINGWhich Effects Count?
Conservatives argue that only the effects that they care about should matter.
Not that long ago, conservatives demanded that the government balance costs and benefits. They still do, but with a twist: They demand special limits on consideration of environmental effects. But that makes no sense. Whatever rules we have about costs should apply to all types of costs, and the same with benefits. The result of the skewing the analysis is, not surprisingly, that we get conservative results more often.
CONTINUE READINGThe Assault on NEPA: A Threat Assessment
National Environmental Policy Act
NEPA is under multiple attacks. Which are the most serious?
NEPA, the law governing environmental impact statements, is under concerted assault from Congress, the White House, and the Supreme Court. As we will see, the Supreme Court’s recent decision in the Seven County Infrastructure Case is probably the biggest problem. Notably, the debate over NEPA has taken place without much hard data about its effectiveness or costs, so everyone seems free to make their own assumptions.
CONTINUE READINGData Center Permitting: A Roadmap
AI is fueling a surge in data center construction. Here’s what you need to know.
Data Centers have significant environmental footprints, which is going to raise several permitting issues except for those using clean energy sources. The permitting issue are mapped out in this post. The Trump Administration is clearly going to do its best to free the industry from environmental limits. We’ll see how successful that is going to be.
CONTINUE READINGListing Trump’s Environment and Energy Executive Orders
I’m counting 35 so far. But I wouldn’t be shocked to learn that I’d missed something.
I’ve put together a list of all the Trump 2.0 executive orders that I could identify dealing with environment or energy. Just to keep you reading, I should tell you that the most important ones are near the end. Whatever you might say about Trump, no one can question his zeal for eliminating environmental protections.
CONTINUE READINGAnother Attempt to Measure NEPA’s Impact
This most recent report is better, but still has significant flaws
The Breakthrough Institute has produced another report on litigation under the National Environmental Policy Act (NEPA), building on a report it prepared earlier, which I sharply criticized in this prior blog post. The updated report is a mixed bag: It doesn’t solve many of the methodological issues I identified in the earlier blogpost; it does …
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CONTINUE READINGShortchanging the Environment While Making NEPA More Chaotic
Trump replaced a coherent set of rules governing the executive branch with a welter of agency-specific regulations.
In one of Trump’s first executive orders, he eliminated a centralized system that Jimmy Carter initially set up to issue regulations governing environmental impact statements. Instead, he called on each agency to issue its own regulations, which seems to have caused the predictable amount of confusion. There seems to be little rhyme or reason in the variations
CONTINUE READINGMajor permitting reform will (likely) be bipartisan
Senate parliamentarian shoots down effort to use “pay to play” to avoid judicial review of NEPA
Several weeks ago I wrote about an effort by House Republicans to use reconciliation, a process which avoids the Senate filibuster, for a “pay to play” proposal to gut NEPA. The proposal would have allowed sponsors of projects going through NEPA review to pay an extra fee and avoid judicial review of the NEPA review. …
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