NEPA compelled the cancellation of plans to build the controversial Keystone XL pipe. Photo by Kayana Stymczak via Flickr
After being dropped by Donald Trump, President Joe Biden restored key aspects of a law that required government agencies to evaluate the environmental effects of major infrastructure projects.
The White House Council on Environmental Quality (CEQ), announced last week that federal agencies would need to consider the direct, indirect and cumulative effects of projects such as the construction or road of power plants, oil and gas pipelines, and roads.
It stated that this includes fully assessing climate change impacts and assessing potential consequences of releasing more pollution into communities already burdened by polluted water or polluted air.
In 2020, Donald Trump, Biden’s predecessor, made significant changes to the law. This was in an effort to reduce red tape and speed up approvals. His changes allowed many projects to be exempted from review, and federal agencies were not required to consider indirect climate effects.
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NEPA was established in 1970. It requires agencies and officials to consult the public regarding planned infrastructure projects. This allows officials to propose alternative plans that are less harmful for the environment and communities.
CEQ stated that Trump’s changes have limited federal agencies’ ability to consider alternative designs and approaches, which often do not align with the stated goals. This is often a private company.
Unnecessarily long bureaucratic red tape
While some welcome the Biden administration’s move to reintroduce safety safeguards, others argue infrastructure projects will take more time to deliver and cost more.
I am glad that this administration recognizes how gravely wrong it is [Trumps]Representative Ral M.Grijalva, who chairs the House Natural Resources Committee, stated that actions were taken and are continuing to be taken to restore the protections that have helped preserve our environment and promote sustainable development for decades. This was reported by the Washington Post.
Marty Durbin is the senior vice president of policy for the US Chamber of Commerce and opposes Biden’s decision to reintroduce parts of the law. It shouldn’t take more time to get federal approval for infrastructure projects than it takes to build them. However, that could be due to changes made by the administration, he stated. He also said that unnecessary bureaucratic red tape is not something our country needs.
Brenda Mallory, CEQ chair, refuted claims that the latest changes would slow construction. These basic community safeguards, which are essential for project success, will be restored and will reduce conflict. She said that repairing the holes in the environmental review process will make projects more resilient, faster, and offer greater benefits to those who live nearby.
More changes are expected to be made to the law. CEQ stated it will continue to work towards proposing a larger Phase 2 change to NEPA. It said that this would ensure full and equal public involvement in the process of environmental review; meet the nations environmental and climate change challenges; provide regulatory certainty and support stakeholders; and promote better decisions consistent with NEPA’s goals and requirements.
NEPA is a nation’s most important environmental law and has been a key tool to climate activists and community groups opposing planned infrastructure. Other countries have adopted similar legislation.
Bidens’ changes were first proposed in October. They will now be in force next month.
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