Dive Brief:
- The April 19th, 2009, Biden administration restored key regulations to the National Environmental Policy Act. This Act requires that federal projects be reviewed in order to determine their likely impact on climate change. The Modifications to the NEPA rulesThis will take effect in May and could mean that infrastructure projects like roads, pipelines, and railways may take longer to get approved.
- In 2020, former President Donald Trump relaxed the country’s oldest environmental law. Efforts to accelerate projectsThis shortens the time frame for gathering information about the environment and allows federal officials to ignore projects that are likely to contribute to climate change. This update reverses some Trump’s changes.
- Construction industry groups claimed that the new rules would increase costs for contractors and slow down critical projects that were allowed under the federal Infrastructure Investment and Jobs Act. Climate advocates welcomed the changes. State transportation officials also supported them, stating that they would return to long-standing rules to ensure certainty for infrastructure projects.
Dive Insight
NEPA is a Environmental law as a foundationThe 1969 enactment of the NEPA process has been a key tool for community groups and activists to oppose projects they don’t want. The NEPA process can cause delays in federal constructions, which has been criticized by the construction industry.
Trump, a former president, stated that he had weakened NEPA rules to speed projects and create jobs. The last significant rewrite of NEPA was made under Ronald Reagan in 1986.
Trump’s changes included a two year time limit on environmental impact statements and a prohibition against federal agencies not considering climate change impacts when approving projects. It required increased coordination between agencies, as well as the use of tribal documentation and local state documentation to avoid duplicating federal efforts.
But, a more thorough environmental review at the beginning will actually speed up project completion, White House Council on Environmental Quality Chair Brenda Mallory explained in a press release. Approved projects will be more resistant to legal challenges. Many Trump-era environmental decisions have been reversed by courts after they were found to not have been adequately analyzed.
Here are the NEPA amendments that Biden proposed first in October.
- Federal agencies must consider both the indirect and cumulative environmental effects of projects they review. They should also examine how climate change could affect the new infrastructure.
- Federal agencies now have greater flexibility to consider alternative projects to those that would achieve the same goals. In addition, they can now work with local communities and determine the purpose and importance of a project.
- Federal agencies also have more flexibility than CEQs to adjust their environmental review procedures.
Federal agencies are not required by law to reject projects that will worsen climate change. But they must evaluate and report on their impacts. This update was part one of a 2-part process. NEPA will likely experience more changes as the administration enters 2019. Second phase.
It is worth noting that public works contractors will be affected by the following changes to NEPA. These changes were made in response to the passage of the $1.2 billion infrastructure act last November. They reduce the timeline for environmental impact statements to 2 years and limit the document to 200 pages. They also exclude certain infrastructure projects (such as low-budget surface transit projects and gas pipelines) from the environmental assessment. These waivers are still in effect.
Reactions from the Industry
The new rules were praised by environmental advocates, while those working in the infrastructure sector had mixed reactions. Melissa Savage from the American Association of State Highway and Transportation Officials spoke to Route Fifty about the new rules. Supports the changes by groupThey reintroduced old rules. Construction industry groups opposed the updates.
Brian Turmail (Vice President of Public Affairs, Associated General Contractors of America) stated that it appears clear that the Biden Administration is determined to increase regulations that will limit the potential benefits of bipartisan infrastructure bills. Although slower approvals don’t necessarily mean better projects, they do guarantee more expensive ones.
This regulation has been new Buy America rulesThe administration released Monday’s statement. Many Americans will soon wonder what was done with the trillion-dollar investment. This will undermine the political case for similar investments in the future, he said.
American Road & Transportation Builders Association President &CEO David Bauer In a press statementReinstating outdated regulations that require project sponsor to guess about the indirect impact of transportation improvements only ensures that those projects will take too many years to deliver.
ARTBA currently assists the Trump administration in federal court to defend its NEPA amendments.