Federal regulations that require thorough environmental reviews of major infrastructure projects like highways, pipelines, oil wells, and other pipelines are being restored by the Biden administration. These reviews must consider potential impacts on climate change as well as nearby communities. Trump administration reduced the number of long-standing reviews to create jobs and speed up projects.
Tuesday’s final rule will restore key provisions from the National Environmental Policy Act. This is a fundamental environmental law that provides community protections during the review of federal proposals. The White House stated that the rule was intended to restore community safeguards in the face of many federal proposals, including those for roads and bridges authorized by the $1 trillion infrastructure law signed by Biden last autumn.
The White House Council on Environmental Quality announced that the new rule will be in effect in May and should address the issues created by Trump’s policy. It also promises to restore public confidence during environmental reviews.
Brenda Mallory (CEQ Chair) stated that “restoring these basic community safeguards would provide regulatory certainty, reduce conflicts and help ensure that projects are built right the first-time.” “Patching these cracks in the environmental reviews process will help projects get constructed faster, be more resilient, and provide greater benefit to those who live near them.”
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 it a hallmark of his presidency to reduce government regulations. 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 contribution to cumulative effects such as climate change.
The new rule is the A separate rule from Trump-era was reinstated by the Supreme CourtThis reduces the power of states, tribes of Native Americans to block pipelines and other energy projects which could pollute rivers, streams, and other waterways.
In a 5-4 decision, the court justices agreed to stop an order by a lower court judge to overturn the Trump rule. This decision does no harm to the Biden administration’s plan to rewrite Environmental Protection Agency’s rule. Although work has begun on a revision, the administration stated that a final rule would not be ready until next spring. The Trump-era rule will continue to be in effect.
Contrary to Trump and his associates’ frequent claims, Mallory stated that a more rigorous environment review will actually speedup completion of major project, as they will be more likely not to be challenged by environmental groups or states. Many Trump-era environmental decision were reversed or delayed when courts found they didn’t undergo enough analysis.
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 an important role in keeping our communities safe and healthy, and Donald Trump’s attempts at weakening NEPA were clearly nothing but a handout for corporate polluters,” said Leslie Fields (Sierra Club’s national director for policy, advocacy, and legal affairs).
Environmental groups and Latino, African American and tribal activists have protested Trump-era rule changes, claiming that it would worsen the pollution in areas already suffering from oil refineries and chemical plants. Environmental justice issues such as these have been a top priority of the Biden administration.
Rosalie Winn, a senior lawyer at the Environmental Defense Fund, said that communities of color have relied on NEPA to ensure their voices are heard in decisions that have a profound effect on their health and well-being.
She said that the White House action “reestablishes fundamental NEPA safeguards” and will ensure they continue to protect people and communities in the future ,”’.
Republican lawmakers and business groups have criticized the rule changes, claiming that it would slow major infrastructure developments.
“Important, critical projects like improving access to public transport, adding more clean electricity to the grid, expanding broadband access are languishing as a result of continued delays and that has to change,” Chad Whiteman, vice-president for environment and regulatory affairs for U.S. Chamber of Commerce.
Arkansas Rep. Bruce Westerman (the top Republican on House Natural Resources Committee) stated that the White House action would “weaponize NEPA”, making it more difficult and bureaucratic to navigate.
“At an important time when we should be coalescing round bipartisan ways to lower gasoline prices, tame skyrocketing inflation and fix the supply chains crisis, President Biden is unfortunately reintroducing archaic NEPA laws that will only resultin delays, red tape, and feed activist litigation,” he said.
