
Bill OBoyle: NEPA is gettin' better all the time
Apr. 26—WILKES-BARRE — If Mama Cass Elliot were here, she would read the Times Leader's Innovation tab and sing, "It's gettin' better."
As you know, Mama Cass was the powerful voice of the Mamas & Papas group and had a few solo hits, including "It's Getting Better."
"And it's gettin' better
Growin' stronger
Warm and wilder
Gettin' better every day, better every day
—And it's not hard to see
That it isn't half of what it's gonna turn out to be."
It's always good when you can find appropriate lyrics in the iconic music of the 1960s and 1970s.
But Mama Cass really belts out that song and it fits when we talk about economic development here in Northeast PA.
Just look at the Times Leader's 50-page Innovation insert today and you will see what I mean. After reading all the stories about all that is going on and will continue to happen, you will come to the same conclusion:
It's gettin' better — all the time.
Don't take my word for it — just read the stories. Then you will see that we all should be proud of where we live, work and play.
A lot of this comes down to leadership. People like Lindsay Griffin-Boylan at the Greater Wyoming Valley Chamber. And Larry Newman at Diamond City Partnership. And John Augustine at Penn's Northeast. And Wilkes-Barre Mayor George Brown, Pittston Mayor Mike Lombardo and our state and federal legislators who are trying to, as our Gov. Josh Shapiro says, "Get stuff done."
'It's a huge deal!'
Earlier this year, Augustine, President/CEO at Penn's Northeast, said a recent ranking of Northeastern Pennsylvania as a top location for economic development represents the tremendous growth in the region.
"It's a huge deal," Augustine said when the rankings came out in early March. "And most importantly, it represents the thousands of jobs that were created because of that. This ranking represents the more than 25 companies that weren't here in our area two years ago."
Did you catch that? The lofty ranking for the region represents more that 25 companies that weren't here just two years ago.
"It's gettin' better all the time."
And take note that this ranking, for the fifth consecutive year, recognized NEPA as one of the top locations in the United States for economic development projects.
Augustine said the region ranked in the Top 10 for both the number of projects and projects per capita.
Yes, NEPA — the Wilkes-Barre/Scranton region — ranked 9th in the 2024 Tier 2 Top Metros by total projects (25) — and the region ranked 8th for per capita.
And Augustine was quick to note that those thousands of new jobs pay "family-sustaining" wages.
"Competition raises wages — that's a fact," Augustine said, adding that the ranking highlights the region's continued success in attracting and expanding businesses.
Data centers are coming
Just a couple of weeks ago, Augustine said in a Times Leader story that Northeast Pennsylvania has become one of the most sought-after landing spots for data centers.
"They will bring good-paying jobs, lots of opportunities and add to the tax base," Augustine said. "It's a win, win, win situation."
Augustine said several companies have contacted his office about building a data center in the region, but they can't be revealed for confidentiality reasons.
One developer, NorthPoint Development, recently gained approval for a 15-building data center campus in Hazleton.
Two others are planned around the Invenergy natural gas plant in Jessup, and others have been checking out undisclosed locations in the region.
Augustine said. "You can reach one-third of the United States and half of Canada in a one-day's drive from Northeastern Pennsylvania."
NEPA is clean, safe, and beautiful. We have a great educational network and we have become a regional center of arts, culture, dining, and entertainment. And there's more — historic architecture, riverfront, and high-quality public environment.
In summary — NEPA has it all.
And it's gettin' better.
Reach Bill O'Boyle at 570-991-6118 or on Twitter @TLBillOBoyle.
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a day ago
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Indicators 2025: Regional economy persists while facing multiple challenges
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3 days ago
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Supreme Court rewrites NEPA rules—changing the game for environmental reviews
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In recent litigation, the question in particular has been how broad a range of effects on and from climate change could be linked to any one specific project and therefore require evaluation. With the court's ruling, federal agencies' days of uncertainty are over. Biggest NEPA case in decades On May 29, 2025, the Supreme Court (minus Justice Neil Gorsuch, who had recused himself) decided the case of Seven County Infrastructure Coalition v. Eagle County, Colorado, the first major NEPA dispute before the court in 20 years. At issue was an 85-mile rail line a group of developers proposed to build in Utah to connect oil wells to the interstate rail network and from there transport waxy crude oil to refineries in Louisiana, Texas, and elsewhere. The federal Surface Transportation Board reviewed the environmental effects and approved the required license in 2021. The report was 637 pages long, with more than 3,000 pages of appendices containing additional information. It acknowledged but did not give a detailed assessment of the indirect 'upstream' effects of constructing the rail line—such as spurring new oil drilling—and the indirect 'downstream' effects of the ultimate use of the waxy oil in places as far-flung as Louisiana. In February 2022, Eagle County, Colorado, through which trains coming from the new railway would pass, along with the Center for Biological Diversity appealed that decision in federal court, arguing that the board had failed to properly explain why it did not assess those effects. Therefore, the county argued, the report was incomplete and the board license should be vacated. In August 2023, the U.S. Court of Appeals for the D.C. Circuit agreed and held that the agency had failed to adequately explain why it could not employ 'some degree of forecasting' to identify those impacts and that the board could prevent those effects by exercising its authority to deny the license. The railway developers appealed to the Supreme Court, asking whether NEPA requires a federal agency to look beyond the action being proposed to evaluate indirect effects outside its own jurisdiction. A resounding declaration Writing for a five-justice majority, Justice Brett Kavanaugh delivered a ringing, table-pounding lecture about courts run amok. Kavanaugh did not stop to provide specific support for each admonition, describing NEPA as a ' legislative acorn ' that has 'grown over the years into a judicial oak that has hindered infrastructure development.' He bemoaned the 'delay upon delay' NEPA imposes on projects as so complicated that it bordered 'on the Kafkaesque.' In his view, 'NEPA has transformed from a modest procedural requirement into a blunt and haphazard tool employed by project opponents.' He called for 'a course correction . . . to bring judicial review under NEPA back in line with the statutory text and common sense.' His opinion reset the course in three ways. First, despite the Supreme Court having recently reduced the deference courts must give to federal agency decisions in other contexts, Kavanaugh wrote that courts should give agencies strong deference when reviewing an agency's NEPA effects analyses. Because these assessments are 'fact-dependent, context-specific, and policy-laden choices about the depth and breadth of its inquiry . . . (c)ourts should afford substantial deference and should not micromanage those agency choices so long as they fall within a broad zone of reasonableness.' Second, Kavanaugh crafted a new rule saying that the review of one project did not need to consider the potential indirect effects of other related projects it could foreseeably induce, such as the rail line encouraging more drilling for oil. This limitation is especially relevant, Kavanaugh emphasized, when the effects are from projects over which the reviewing agency does not have jurisdiction. That applied in this case, because the board does not regulate oil wells or oil drilling. And third, Kavanaugh created something like a 'no harm, no foul' rule, under which 'even if an [environmental impact statement] falls short in some respects, that deficiency may not necessarily require a court to vacate the agency's ultimate approval of a project.' The strong implication is that courts should not overturn an agency decision unless its NEPA assessment has a serious flaw. The upshot for the project at hand was that the Supreme Court deferred to the board's decision that it could not reliably predict the rail line's effects on oil drilling or use of the oil transported. And the fact that the agency had no regulatory power over those separate issues reinforced the idea that those concerns were outside the scope of the board's required review. 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