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White House Completes the First Phase of Restorations to NEPA and America’s Foundational Environmental Law
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White House Completes the First Phase of Restorations to NEPA and America’s Foundational Environmental Law

(Washington D.C., April 19, 2022) The first phase of the Biden administration’s efforts to restore and strengthen America’s foundational environmental law has been completed.

The White House Council on Environmental Qualitytoday revealed its Final guidelinesBased on extensive public input, the National Environmental Policy Act was implemented. NEPA has been in force for over 50 years. However, the previous administration attempted to significantly weaken its protections.

Since 1970, NEPA has been the basis of our environmental laws. It ensures that federal government takes environmental impacts into consideration when considering industrial projects. It also gives communities a voice in decisions that are made in their own neighborhood. Rosalie Winn is the senior attorney at Environmental Defense Fund. She said that communities of color have relied on NEPA to ensure their voices are heard in decisions that will have a profound effect on their health and well-being. Today’s action restores important NEPA safeguards and ensures that they will continue to protect communities and people today and for future generations. It is a significant step in ensuring that federal government fully considers climate justice and impacts on industrial projects, and other decisions.

NEPA requires federal agencies consider the environmental impacts of large industrial projects, including coal mines and oil and gas wells. The previous administration attempted to limit the federal government’s ability to assess the environmental effects of its policies. It also tried to stop agencies from considering climate impacts. This action was challenged in court by a coalition of conservation, environmental justice and outdoor recreation groups, including Environmental Defense Fund.

Today’s action by the Biden Administration restores full consideration of the indirect, direct, and cumulative effects federal actions under NEPA. It also requires the government to evaluate impacts on climate change, environmental injustice, and other issues. The rule also requires considerations of the public interest in assessing the need and purpose for federal action. Additionally, it removes barriers that prevent agencies from performing more detailed analysis.

Today’s action concludes Phase 1 of the Biden administration’s review of NEPA’s earlier changes. The administration has also promised to continue reviewing the actions of the previous administrations and to strengthen NEPA as part of Phase 2 in its review process.

Winn said that NEPA is a floor for protections of the environment, not a ceiling. We must take further steps to fully integrate climate and environmental justice in federal decision-making. We look forward the administration’s ongoing efforts to strengthen NEPA as well as empower frontline communities.

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