FILE – Brenda Mallory (the Biden administration’s nominee to Chair of the Council on Environmental Quality) speaks at The Queen Theater, Wilmington Del., Dec. 19, 2020. The Biden administration is restoring federal regulations that govern environmental reviews of major infrastructure projects, such as pipelines and highways. These regulations were slashed by the Trump administration to expedite the projects. Brenda Mallory, CEQ Chair, stated that restoring these basic community safeguards will give regulatory certainty, reduce conflict, and ensure that projects are built right the first-time. (AP Photo/Carolyn Kaster, File)
AP
WASHINGTON
Federal regulations that require thorough environmental reviews of major infrastructure projects like highways, pipelines, oil wells and pipelines are being restored by the Biden administration. These reviews must consider potential impacts on climate change as well as nearby communities. Trump’s administration accelerated projects and created jobs by reducing the length of the existing reviews.
The White House stated Tuesday that the rule will restore key provisions from the National Environmental Policy Act. This is a fundamental environmental law that was created to protect communities during reviews of federal proposals. It covers everything from roads and bridges to energy projects.
The White House Council on Environmental Quality stated that the new rule, which will take effect in May, will address the challenges created by Trump-era policies and 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 projects get built right from the start.” These holes in the environmental review process can be repaired to make projects more resilient, faster and better for those 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 big projects. The rule change was implemented in 2020 and restricted the timelines for public comment and environmental reviews. Federal officials were also allowed to ignore a project’s contribution to cumulative effects like climate change.
The Supreme Court has reinstated an earlier Trump-era rule that limited the power of states or Native American tribes to block pipelines or other energy projects that could pollute rivers, streams, and other waterways.
In a 5-4 decision, the court justices agreed to block a lower court judge’s order that invalidated the Trump rule. This decision does not affect the Biden administration’s plan to rewrite Environmental Protection Agency rule. Although work has begun on a revision, the administration stated that a final rule would not be expected until next spring. The Trump-era rule is still in force.
Contrary to Trump’s repeated assertions, Mallory stated that a more thorough environmental review will actually speed-up the completion of major projects because they will be more resistant to legal challenges by environmental groups and states. Many Trump-era environmental decisions were reversed by courts or delayed after inadequate analysis was performed.
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 nothing other than a handout of corporate polluters,” said Leslie Fields (Sierra Club’s national director of 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. Environmental justice has been a top priority of the Biden administration.
Rosalie Winn, a Senior Attorney at the Environmental Defense Fund, challenged the Trump-era rule. She 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.
The White House action restores essential NEPA safeguards, and ensures that they will continue to protect people today and future generations she stated.
Republican lawmakers and business groups criticized the rule change, claiming it would slow down major infrastructure development.
“Important projects that address crucial issues like improving access public transit, adding clean energy to the grid, and expanding broadband access are languishing because of continued delays and this must change,” said Chad Whiteman vice president for environment regulatory affairs at the U.S. Chamber of Commerce.
Arkansas Rep. Bruce Westerman is the top Republican on House Natural Resources Committee. He stated that the White House action would “weaponize NEPA” by making it more difficult to navigate and more bureaucratic.
He stated that President Biden has unfortunately reinstituted archaic NEPA regulations, which will only lead to delays and red tape, and feed activist litigation. This is at a time when bipartisan cooperation is needed to lower gas prices, manage skyrocketing inflation, and fix the supply chain crises.
