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Biden finalizes NEPA regulation, reversing Trump
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Biden finalizes NEPA regulation, reversing Trump

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Tuesday’s announcement by The White House indicated that key protections have been restored to a landmark environmental law that governs the construction of pipelines, highways or other projects. It was repealed by President Donald Trump as part of his effort to reduce red tape.

Federal agencies will now have to review the climate impact of major infrastructure projects. The new rule is in accordance with the National Environmental Policy Act, which was enacted in 1970 and required that the government assess the environmental consequences of federal action, such as approval of the construction of oil-and-gas pipelines.

Trump proposed major changes to law implementation in 2020. Trump stated that the government would exempt a lot of projects from review and speed-up the approval process. His administration also stated that federal agencies will not consider indirect climate effects. Trump and his business associates claimed the move would revitalize infrastructure projects across America.

Below The ruleThe Biden White House has finalized this week that regulators will now need to account for how government actions can increase greenhouse gas emissions and whether new burdens will be imposed on communities, especially those in poorer and minority neighborhoods that have been subject to disproportionate amounts of pollution.

This is a sign that President Biden is still looking for ways to advance his climate agenda, despite rising economic costs. His administration announced that it would continue to issue oil and gas leases, despite growing pressure from climate activists. The administration is also working towards implementing the roughly $1 trillion infrastructure bill that was passed last autumn.

Republicans and business groups will likely argue that Tuesday’s move will raise construction costs and slow down progress, but White House officials insist otherwise.

Brenda Mallory from the White Houses Council on Environmental Quality stated in a statement that repairing the holes in the environmental reviews process will make projects more efficient, more resilient, and offer greater benefits to those who live nearby.

Trump-era changes made defending federal infrastructure projects more difficult for community and environmental activists. They slowed public review of construction of roads and bridges and allowed agencies to avoid having to consider how these projects could impact climate change.

Trump claimed he was reducing mountains and mountains bureaucratic red tape, thereby saving millions of dollars and kicking-starting the economy.

The Biden administration has now instructed agencies to consider the cumulative, indirect, and direct effects of their actions. The new rule will give agencies more flexibility to evaluate less environmentally harmful alternatives and create their own stricter procedures for environmental assessment. The White House presented the changes in October. It promises a second round of NEPA regulations in the next few months.

Many of Biden’s environmentalist friends pushed him to revive the law when he was elected. The law is widely copied in other countries, and is considered one the nation’s most consequential environmental laws.

Its strength lies in the requirement that federal agencies conduct environmental reviews before constructing. Black and Latino communities in America that have been affected by poor air quality, industrial pollution, and other problems have used the law for significant changes in projects that would have further harmed them.

Tracking Bidens environmental actions

Other environmental advocates have used the law in court to stop logging and mining as well as oil drilling. Keystone XL, which was canceled by NEPA, was one of the blocked projects. This project received a lot more protest and litigation from people concerned about climate change as well as water pollution from leaks. After Biden cancelled a critical permit, the company behind the project pulled it out of commission.

Republican lawmakers and industry groups representing oil-and gas companies, logging interests, and construction companies have long considered the law a priority. NEPA, they say, is a waste of time, costly overruns, and a fight in court. They accuse environmentalists, claiming that they used NEPA to defeat the projects they opposed.

Environmentalists see the final rule as a bright spot after a winter of darkness for Biden’s climate agenda.

Since last winter, Congress has failed to approve $555 billion of climate action. This was due to a lack in support from Republicans and Sen. Joe Manchin III (D.W.Va.). The Democrats’ spending bill has been stalled. Since Congress has not taken any action on climate, the administration has emphasized the use of the president’s executive power to regulate greenhouse gas emissions.

A Supreme Court ruling will be made in the coming weeks. West Virginia v. EPAThe Environmental Protection Agency could be held responsible for preventing the United States from moving to cleaner energy sources. This case will be decided in the coming year. Biden also faces a challenge because of the booming fossil fuel industry, which has demanded more drilling on federal lands since Russia’s invasion in Ukraine. President Obama, who campaigned for tackling climate change, has encouraged more domestic oil and natural gas production.

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