WASHINGTON (AP), The Biden administration has restored federal regulations governing environmental reviews of major infrastructure projects like highways and pipelines. These regulations were cut by Trump’s administration to speed up the projects.
The White House announced Tuesday that a rule will restore key provisions from the National Environmental Policy Act. This law is a foundational environmental law that ensures community safeguards during environmental reviews of a wide range federal projects and decisions.
The White House Council on Environmental Quality stated that the new rule would resolve the challenges created by Trump-era policies and restore public confidence during environmental reviews.
Brenda Mallory, CEQ Chair, said that restoring basic community safeguards would provide regulatory certainty, reduce conflicts, and help ensure projects get built right first time. These holes in the environmental review will be patched to help projects go faster, be more resilient and provide greater benefits for people who live nearby.
In 2020, former President Donald Trump restructured the environmental reviews to speed up projects that he claimed would increase the economy and create jobs.
Trump made the reduction of government regulations a hallmark his presidency. His administration and he frequently expressed dissatisfaction at rules that impeded approval of interstate oil and gas pipelines, and other large projects. The rule change, which was enacted in 2020, restricted the timeframes for environmental reviews and public comments and allowed federal officials not to consider a project’s role in cumulative effects such as climate change.
The Supreme Court reinstated a Trump-era rule that restricted the power of states and Native American Tribes to block pipelines and energy projects that could pollute rivers and streams.
The court split 5-4 and the justices reached an agreement to stop a lower court judge’s order removing the Trump rule. The April 6 action did not affect the Biden administration’s plan to rewrite this rule. The administration said that although work on a revision has started, a final rule will not be ready until next spring. The Trump-era rule will continue to be in effect.
Contrary to what Trump and others have claimed, a more thorough environmental review will actually speed-up the completion of major projects because it is more likely that it will withstand a legal challenge from environmental groups or states. Many Trump-era environmental decisions were reversed by courts or delayed after being found to have not been adequately analyzed.
Environmental groups praised the rule change. They said it restored the foundation of environmental protections under NEPA. A 1970 law, NEPA requires that the government accept public comments and consider the environmental, economic, and health effects before approving major projects.
NEPA plays a crucial role in keeping our communities healthy and safe. Donald Trump’s attempts at weakening NEPA were clearly a handout to corporate pollution, said Leslie Fields. Fields is the Sierra Club’s national director for policy, advocacy, and legal affairs.
Environmental groups, Latino, African American, and tribal activists protested Trump’s rule change. They claimed that it would increase pollution in areas already ravaged by oil refineries, chemical plants, and other hazardous sites. This issue of environmental justice has been a priority for the Biden administration.
The U.S. Chamber of Commerce, Republican senators and others criticized the rule last fall when it was proposed. They claimed it would slow down major infrastructure projects.
Chad Whiteman (chambers vice president for regulatory affairs and environment) stated that important projects, such as expanding broadband access, improving public transit access, and adding more clean energy to our grid, are still in limbo because of continued delays.
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